AHSAAN Vs. STATE OF DELHI

JUDGEMENT

(1.) The Trial Court handed down a verdict of guilty and sentenced the appellant to undergo rigorous imprisonment for ten years and to pay a fine in the sum of Rs. 2,000/- failing which the appellant was to further undergo rigorous imprisonment for one month under Section 396 IPC. He was also sentenced to undergo rigorous imprisonment for seven years each for offences under Sections 395 and 397 IPC and to pay a fine of Rs. 2,000/- each failing which he was to further undergo rigorous imprisonment for one month each under both the above said sections. It was further ordered that all the sentences would run concurrently and the appellant will get the benefit of Section 428 Cr.PC.

(2.) The prosecution case swirls around a country made liquor shop, situated in Kirti Nagar, owned by Delhi Govt. The Delhi Govt. gave this shop to a contractor. On 06.10.1998 at about 9.30 p.m. the shop was going to be closed. The cash was put in the locker. Inderjeet Singh, Salesman and Chunni Lal, Helper went outside the shop. Satpal, Maan Singh, Sunil Kumar, Sripal started closing the door from inside and were about to come outside from the other gate. When they lifted the shutters, 5/6 hooligans came there, who were equipped with country made pistols. They snatched away the keys from Inderjeet and Chunni Lal. One of the hooligans fired in the air. Remaining four started throwing liquor bottles on them. Another hooligan fired at the back of Inderjeet and appellant Ahsaan fired at the left thigh of Sripal. Consequently, Sripal and Inderjeet fell down. Card box containing liquor bottles fell on Ahsaan due to which he fell down unconscious. One of the hooligans gave a butt blow on the head of Chunni Lal. An alarm was raised. Eight/ten persons arrived there. Other hooligans vamoosed from the spot. Police reached the spot, nailed appellant Ahsaan who was lying unconscious at the spot and recovered the pistol which was lying by his side. Inderjeet Singh succumbed to his injuries. The doctor opined that he died due to fire arm injury. Appellant Ahsaan was got medically treated. Ahsaan was discharged from the hospital on 10.10.1998. Other hooligans took it on the lam and were never heard again.

(3.) I have heard the counsel for the parties. The learned counsel for the appellant made three short submissions. He pointed out that accused Ahsaan has been falsely implicated in this case. He explained that Ahsaan was found unconscious at the place of occurrence. He contended that no specific role was attributed to him.