USMAN Vs. STATE (N.C.T. OF DELHI)

JUDGEMENT

(1.) THIS appeal arises from the conviction of appellant Usman on the charge under Section 302 IPC and Section 25/27 of the Arms Act in Sessions Case No.66/2008, FIR No.408/2007 Police Station Sarita Vihar in terms of the impugned judgment of the Additional Sessions Judge dated 13.10.2009. The appellant has been sentenced to undergo imprisonment for life and also to pay fine of Rs. 5,000/-, in default to undergo simple imprisonment for a period of six months.

(2.) BRIEFLY stated, case of the prosecution is that on 30.05.2007 at 3.24 p.m. information was received at P.S. Sarita Vihar from Constable Rameshwar of PCR that one boy has been shot at B-Block, Kacchi Colony, Madanpur Khadar. This information was recorded in Daily Diary register maintained at P.S. Sarita Vihar as DD No.18 dated 30.05.2007 (Ex.PW-14/A). Copy of the DD report was forwarded to A.S.I. Satbir Singh through Constable Mam Chand and the information was also conveyed to the Incharge police post, who proceeded for the spot of occurrence.

(3.) THE appellant was charged under Section 302 IPC to which he pleaded not guilty and claimed trial. Subsequently, a supplementary challan against the appellant under the Arms Act was filed on 02.08.2008. Thus, he was also charged under Section 25/27 Arms Act to which also the appellant pleaded not guilty and claimed to be tried.