AZAD SINGH ALIAS TOONDA Vs. STATE

JUDGEMENT

(1.) Present appeal has been filed by the appellant being aggrieved by the judgment of conviction and order on sentence dated 09.04.2001 passed by the learned Additional Sessions Judge, Delhi convicting the appellant for the offence punishable under Sec. 307 of Indian Penal Code (hereinafter referred to as I.P.C.) and sentenced to undergo rigorous imprisonment for a period of five years with fine of Rs.3,000.00 and in default of payment to further undergo rigorous imprisonment for one year.

(2.) The facts emerging from the record of the prosecution are that on 20.10.1995 at about 8.12 PM an information was received at Police Station Sultanpuri from PCR that one Dinesh had informed on telephone that one person was admitted in Jaipur Golder Hospital with bullet injury. The same was recorded as DD No.87-B. ASI Dharam Pal Singh along with Constable Balbir reached the hospital and in the meantime another information was received at Police Station Sultanpuri at 8.50 PM from CMO, Jaipur Golden Hospital that Krishan Kumar has been admitted in hospital with bullet injury, the same was recorded at DD No.90-B and copy of the same was sent to ASI Dharam Pal for investigation. Injured - Krishan Kumar was declared fit for statement and accordingly his statement was recorded by ASI. The injured Krishan Kumar stated in his statement that he works as property dealer in Balbir Vihar and on 20.10.1995 when he was lying on a cot in a vacant plot in front of his house and Balraj and Bal Swaroop were also standing near him, then at about 6.40 PM accused Azad Singh @ Toonda along with three more persons came there. He also submitted that he knew Azad as he was earlier in his employment and because Azad had cheated him on selling of plots, therefore he dismissed him from the services and thereafter he had become inimical towards him. He further stated that on the day of occurrence Azad exhorted "AAZ SALE KO JINDA MUT CHHORO' and then one person fired at him but somehow he escaped. Thereafter, accused Azad exhorted 'MAIN AAZ JAAN SE MARKAR CHHOROONGA' and thereafter Azad fired at him and the bullet hit him on the left side of his neck. He shouted and started bleeding and accused Azad escaped from the spot with his accomplices. Naresh got him admitted in hospital. On the statement of the injured Krishan Kumar, the case under Sec. 307/34 of Penal Code was registered.

(3.) During investigation, empty cartridges were recovered from the spot and from the hospital the bullet lead was received, both of which were seized. Site plan was prepared, statement of witnesses were recorded, case property was deposited in Malkhana and sent to FSL for expert opinion. The nature of injury on the person of Krishan Kumar was opined to be grievous by the doctor. The accused was arrested and chage sheet was filed in the Court after completion of investigation.