ANIL KUMAR Vs. STATE

JUDGEMENT

(1.) The present appeal has been preferred to assail the judgment dated 16.04.2012 whereby the learned ASJ-II (North-West) Rohini Courts in SC No. 1231/2010 arising out of FIR no. 153/2010, registered at PS Keshav Puram, convicted the appellant under Section 392/397/ 307/302 of IPC. The trial court also found the appellant guilty of offences committed under Sections 25, 27, 54 and 59 of the Arms Act.

(2.) He has been sentenced vide order dated 23.11.2012 as follows:

(3.) The case of the prosecution - as noticed by the Trial Court, and which is borne out from the charge sheet is that on 10.05.2010 - DD No. 15 (Ex.PW-10/A) was received at PS Keshav Puram pursuant to which SI Sanjeev Verma, PW-25 along with other police officials reached Gali No. 7, Kanhaiya Nagar, Tri Nagar where Sandeep Kumar (PW-22) produced the appellant along with a pistol allegedly recovered from the appellant. It was informed by Sandeep Kumar that the appellant had fired upon one Krishan Kumar Bansal (deceased) and Nitin Bansal (PW-21) (son of the deceased) who was severely injured. The victims were brought to Maharaja Aggarasain Hopsital. SI Sanjeev Verma after handing over the appellant and the recovered pistol to ASI Mohd. Swaley reached the hospital and obtained MLC of Krishan Kumar Bansal (Ex.PW-27/L) who was declared dead while the injured Nitin Bansal was admitted in the operation theater.