CHAND Vs. STATE OF DELHI

JUDGEMENT

(1.) The appellant has been convicted under section 307 I.P.C. and has been sentenced to undergo rigorous imprisonment for 5 years and a fine of Rs. 500.00. In default of payment of fine he is required to undergo further rigorous imprisonment for two months. The order of sentence was recorded on 7th of February 1987.

(2.) The brief facts are that on 31st August 1982 one A.S.I. Devinder Kumar while on patrol duty at Kamla Market from 6 p.m. to 1 a.m. received a secret information regarding presence of a pick pocket on fiat No. 59. Accompanied by constable Swaran Singh he went to the terrace of fiat No. 59 but found no one. Thereafter, while coming back through fiat No. 57, he found two girls and the accused standing at the gate of flat No. 58 and the accused was quarrelling with one woman, namely, Kamla. A.S.I. Devinder Kumar tried to get hold of the appellant but the appellant took out a pistol and fired as a result of which Devinder Kumar got injuries on his left arm but the pellets finally struck Kamla in her abdomen. The appellant is stated to have jumped 5 to 6 staircases and escaped.

(3.) Admittedly, A.S.I. Devinder Kumar was examined on the same night in the Civil Hospital and was found to have sustained some injuries in the left arm which were simple and possible by a gun shot. The duration was also between 4 to 6 hours. The injury on the abdomen of Kamla was declared as dangerous in the I.P.N. Hospital and at the time of the examination she was declared unfit for making a statement.