FURKAN Vs. STATE

JUDGEMENT

(1.) The present appeal has been instituted under Sec. 374(2) Cr.P.C. whereby the appellant seeks setting aside of the judgment of conviction dtd. 27/4/2022 and order on sentence dtd. 4/7/2022 passed in Sessions Case No. 2187/2016 arising out of FIR No. 958/2015 registered under Ss. 393/397/34 IPC and Ss. 25/27 Arms Act at P.S. Ghazipur, Delhi.

(2.) The incident came to light on 11/10/2015 at 16:37 hours, when a PCR call was received. It was recorded therein that, in front of EDM Mall, Anand Vihar "Pulsar 220 Yellow colour ki bike per 2 ladke Jo TSR Jisne Family per Goli Chalai Hai Injured Ka Namalum Bike Wale Gaziabad Ki Taraf Bhage Hai." The said information was recorded vide DD No. 27-A and the same was assigned to SI Kiran Pal/PW-19, who, along with HC Sachin Singh/PW-13 reached the spot and found an empty shell/cartridge lying on the spot. As the injured had been taken to LBS Hospital, the aforesaid police officials reached the said hospital and recorded the statement of the complainant/Vivek Singh, as well as collected the MLC of the minor, Ms. 'M', who was being treated.

(3.) The prosecution examined as many as 22 witnesses, with the primary ones being the complainant/Vivek Singh, examined as PW-4; his mother, Smt. Manju, as PW-5; his minor brother, 'P', as PW-7A; and the injured minor child/'M' as PW-8.