SURAJ BHAN Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 7th August, 2002 passed by the learned Additional Sessions Judge, Delhi ("ASJ") in Sessions Case No.49/99 arising out of FIR No.101/99 registered at Police Station ("PS") Paschim Vihar convicting the Appellant for the offences under Sections 302 and 307 of the Indian Penal Code ("IPC") and Section 27 of the Arms Act and the order on sentence dated 12th August, 2002 whereby for the offence punishable under Section 302 IPC, he was sentenced to imprisonment for life along with a fine of Rs. 1,000/-, and in default of payment of fine to further undergo rigorous imprisonment ("RI") for one year; for the offence under Section 307 IPC to undergo RI for seven years along with a fine of Rs. 1,000/-, and in default of payment to further undergo RI for one year; and for the offence under Section 27 of the Arms Act, to RI for three years along with a fine of Rs. 500/-, and in default of payment of fine to further undergo RI for six months.

(2.) The charge framed against the Appellant by the order dated 5th August, 1999 of the trial Court was that on 3rd February, 1999 at about 3.15 pm at House No.RZ-134, Sayed Nangloi, Delhi, he intentionally committed the murder of his sister Smt. Roshni ("the deceased") thereby committing an offence punishable under Section 302 IPC. Secondly, he was charged with firing at Rajbir Singh (PW-13) and Smt. Santosh (PW-6) with a countrymade katta (firearm) on the same date, time and place, thereby committing an offence punishable under Section 307 IPC and further that by using the country-made firearm, as described above, he had committed an offence punishable under Section 27 of the Arms Act.

(3.) The case is based on direct evidence of the eye witnesses. Fortunately, they were not injured although, according to the prosecution, they were fired upon by the Appellant. The first of these eye witnesses was Smt. Sunita (PW-5), the wife of PW-1 The deceased was her nand (sister-in-law). According to her, on 3rd February, 1999, she (PW-5) and PW-13 were present in their house which is RZ-134, Village Sayed Nangloi. PW-5 stated that the deceased was "in her house in my neighbourhood". At this stage, it must be noticed that the house of the deceased was being referred to as "RZ135". According to PW-5, at about 3 pm, the Appellant came to the house of the deceased. The Appellant then asked PW-13 to remove bricks which were lying on the roof of the house of the deceased. PW-13 replied that he had kept the bricks there with the consent of the deceased. Upon hearing this, the Appellant went into the room of a tenant of his; emerged from that room with a katta in his right hand and began attacking his sister, the deceased. This led to the deceased rushing to the house of PW-5 with the Appellant in pursuit. According to PW-5, the Appellant then fired a shot from the firearm which hit the deceased on her forehead. PW-5 rushed to the aid of the deceased. When the Appellant tried to load the katta again, the bullet fell down. Out of fear, PW-5 then ran out into the street. According to PW-5, the Appellant went upstairs where PW-13 and Santosh (PW-6) (the daughter of the deceased) were present. When the Appellant fired at PW-13, he saved himself by covering himself with a slab of stone (pathar ki silli). When the Appellant started chasing PW-6, PW-13 overpowered and held him down, but the Appellant started running from there.