KASIM Vs. STATE

JUDGEMENT

(1.) By this appeal filed under Sec. 374 of Cr. P.C., the appellants seek to challenge the impugned judgment dated 21.05.2001, passed in SC No.164/1999 in a case registered as FIR No. 548/1998 under Sec. 307/308/186/353/34 of Penal Code read with Sec. 25/27/54/59 of Arms Act, at Police Station Seelampur, Delhi. The appellant also seeks to challenge the order on sentence dated 24.05.2001, whereby they have been sentenced as follows:

(2.) The facts as emerging from the impugned judgment are that on 06.08.1998 at about 11.10 AM near red light, Constable Ripu Daman who was on beat patrolling duty in E. F, G, H Block, Shastri Park, Kaithwara, found that the accused Yunus was beating one rickshaw puller - Shakeel Ahmed. Ripu Daman intervened, whereupon accused Yunus started pulling out a country made pistol from his armpit. Ripu Daman gave him a danda blow. Thereafter, accused Kasim who was standing at a distance, shot a fire from another country made pistol held by him which hit against the back of Ripu Daman. When Ripu Daman turned back and found that Kishan Lal was trying to apprehend accused Kasim. Accused Yunus came there running and shot a fire at Kishan Lal but it did not strike him. Thereafter, Yunus gave a blow with the butt of his country made pistol on the head of Kishan Lal. In the meantime, other public persons and vehicle of PCR arrived at the spot and accused Kasim was overpowered by Kishan Lal along with one country made pistol, eight live cartridges, one empty cartridge, besides one dagger. Inspector Maharaj Singh, of PCR apprehended the accused Yunus along with country made pistol, one cartridge, one fired cartridge. The officials of PCR took Ripu Daman to GTB Hospital. In the meantime, Inspector Tej Pal Singh, SHO of Police Station Seelampur arrived at the spot. Both the accused were arrested and challenged for offences under Sec. 307/308/186/353/34 of IPC, to which they pleaded not guilty and claimed trial. The facts as emerging from the impugned judgment are that at about 11.10 AM near red light, Constable Ripu Daman who was on beat patrolling duty in E. F, G, H Block, Shastri Park, Kaithwara, found that the accused Yunus was beating one rickshaw puller - Shakeel Ahmed. Ripu Daman intervened, whereupon accused Yunus started pulling out a country made pistol from his armpit. Ripu Daman gave him a danda blow. Thereafter, accused Kasim who was standing at a distance, shot a fire from another country made pistol held by him which hit against the back of Ripu Daman. When Ripu Daman turned back and found that Kishan Lal was trying to apprehend accused Kasim. Accused Yunus came there running and shot a fire at Kishan Lal but it did not strike him. Thereafter, Yunus gave a blow with the butt of his country made pistol on the head of Kishan Lal. In the meantime, other public persons and vehicle of PCR arrived at the spot and accused Kasim was overpowered by Kishan Lal along with one country made pistol, eight live cartridges, one empty cartridge, besides one dagger. Inspector Maharaj Singh, of PCR apprehended the accused Yunus along with country made pistol, one cartridge, one fired cartridge. The officials of PCR took Ripu Daman to GTB Hospital. In the meantime, Inspector Tej Pal singh, SHO of Police Station Seelampur arrived at the spot. Both the accused were arrested and challenged for offences under Sec. 307/308/186/353/34 of IPC, to which he pleaded not guilty and claimed trial.

(3.) The appellant - Kasim before the learned Additional Sessions Judge, in his statement recorded under Sec. 313 Crimial P.C. deposed that he had been lifted from his brother's house situated at Seelampur and the alleged recoveries were planted upon him. On the other hand, Appellant - Yunus explained that he had come to Seelampur for playing, where a quarrel took place and he received injuries. He went to his uncle's house wherefrom he was lifted by the police. However, both the appellants did not lead any defence evidence in their support.