ABDUL MAJID Vs. STATE GOVT PF NCT DELHI

JUDGEMENT

(1.) Criminal Appeal No. 161 of 2004 seeks to challenge the judgment and order dated 7.2.2004 and 11.2.2004 of the Additional Sessions Judge in Sessions Case No. 13 of 2002, arising out of FIR No. 3/1998, Police Station Sangam Vihar, under Section 307 IPC holding the accused-appellant guilty of offence punishable under Section 307 IPC and sentencing him to life imprisonment with a fine of Rs. 2,000/- and in default of payment of fine, further simple imprisonment for one year. Benefit of Section 428 Cr. P.C. was also granted to the accused-appellant.

(2.) The Prosecution case, as has been noted in the impugned judgment, is as follows:

(3.) The Prosecution, in order to prove its case, examined as many as 12 witnesses. Of these, PW-3, Sumit Kumar, is the injured witness. He states that PW-4, Suresh Kumar, is his real uncle whose house is in front of the house of this witness. Suresh Kumar has three sons and one daughter. The accused is known to this witness. He goes on to depose that a quarrel had ensued between Bhanu, son of Suresh Kumar, and daughter of the accused on 22.12.1998 at about 7.30 a.m. Those present at the spot had reprimanded Bhanu and brought him back to the house. At that time, wife of the accused showered abuses at them. She had also tried to assault wife of Suresh Kumar at which PW-3, Sumit Kumar, intervened and had asked the wife of the accused to go away. In the evening on that day when the accused came home, he along with his wife, came to the house of Sumit Kumar and began abusing Suresh Kumar. This witness tried to pacify them. However, the accused then came out of his room with a Deshi Katta and fired at Sumit Kumar aiming at his head. This witness sustained injuries on the head and fell down unconscious but regained consciousness shortly thereafter. The Police arrived at the scene and removed the injured witness to the hospital. Then this witness goes on to state that Suresh was also present in front of his house when the accused fired at this witness. The Police made inquiries from him and recorded the facts. The witness states that he remained admitted in the hospital for about eight days and due to the injuries has become incapacitated in the right arm.