DESRAJ Vs. STATE OF DELHI

JUDGEMENT

(1.) The appellant Desraj has preferred the appeal under Sec. 374 (2) Crimial P.C. 1973 assailing the judgment dated 22nd March, 2002 and order on sentence dated 23rd March, 2002 vide which he has been convicted for committing the offence punishable under Sec. 307 Penal Code and sentenced to undergo RI for one year with fine of Rs. 1000.00 and in default of payment of fine, to undergo SI for two months.

(2.) In brief, the prosecution case is that on 24th June, 2000 on receipt of DD No.6A, SI Vijay Kumar along with Constable Ramesh reached at the place of occurrence at D-Block, Gali No.7, Om Vihar, Delhi. On coming to know that injured Ram Ji Chorasia has been removed to AIIMS, he reached there and found PW-2, Ram Ji Chorasia admitted there. After obtaining opinion of the Doctor that the injured was fit to make the statement, he recorded the statement of injured Ram Ji Chorasia. He made statement to the effect that he was running a 'Paan' shop at Lajpat Nagar. In February/March, 2000, his daughter was enticed away by Guddu, who is brother of Rai Singh. A missing report was lodged at PS Badarpur. His daughter was recovered about 10-12 days prior to this incident and police was searching for Guddu. Rai Singh, brother of the Guddu, used to threaten them. A day before the incident at about 9.30 p.m. at the house of Sunil, who is his neighbour, Rai Singh along with his co-brother, Desraj (appellant herein) and Kanchan Singh gathered. After taking his food, the injured Ram Ji Chorasia along with his wife and children was sleeping on the roof top. At about 3.00 a.m. Rai Singh came to his roof through a ladder. Rai Singh was holding a pistol type weapon and fired at him causing injury to him. He was also hit with some heavy object on his head. The injured tried to apprehend Rai Singh but he managed to jump from the roof top. When he peeped down he saw that a ladder had been put on the back of the house and Desraj, co-brother of Rai Singh was holding the ladder. He raised alarm but both of them managed to escape.

(3.) In the impugned judgment, learned ASJ has specifically noted that Rai Singh was not arrested till the trial against Desraj was completed. Even as per the complainant/injured, Desraj is neither the assailant nor he was present at the roof top at the time of occurrence. He has not been charged under Sec. 307/34 IPC. PW-2 Ram Ji Chorasia, the injured in his deposition before the Court stated that he was attacked by Rai Singh by firing from a pistol. He received wound on his chest. Against the appellant, Desraj he deposed to the effect that when he (injured) peeped down and tried to bend to catch hold of Rai Singh he found Sunil and appellant Desraj running from the side of his house and Sunil was running ahead of Desraj. He has also stated that Rai Singh was sitting on the back portion of the house due to the injuries suffered while jumping from the roof. Sunil, who was seen running ahead of Desraj has not been charge-sheeted. So far as appellant Desraj is concerned, the limited role assigned to him in the complaint exhibit PW-2/a was that when the injured peeped down, he saw Desraj holding the ladder. It is his own case that the main assailant Rai Singh had not got down from the ladder but jumped from the roof. In his deposition before the Court he did not state that he had seen the appellant Desraj holding the ladder to facilitate the main assailant Rai Singh to get down from the roof after committing the offence.