VIJAY @ BALKHAN Vs. STATE OF DELH

JUDGEMENT

(1.) The appellant herein was put on trial, along with one Bishan Kumar, on charge for offence under Section 307 read with Section 34 of Indian Penal Code, 1860 (IPC) in sessions case no. 39/1999 registered on the basis of report (charge-sheet) under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) which was submitted upon conclusion of investigation into first information report (FIR) no. 345/1997 of police station Anand Parbat. The gravamen of the charge essentially was of attempt to commit murder of Krishna Devi (PW-6) in the early morning hours at 4.30 a.m., on 09.11.1997, in the area of Than Singh Nagar, Anand Parbat. It appears that PW-6 had alighted from a bus after outstation journey and was accosted by the appellant and co-convict Bishan Kumar, the latter having a fire arm (revolver) in his hand, the appellant herein statedly wielding a dagger. It is stated that Bishan Kumar had put the fire arm on the temple of PW-6 and had fired with it, but somehow PW-6 escaped from being injured the projectile discharged by the said fire getting entangled in her wearing apparel (shawl), it eventually being handed over to the police during investigation. It was alleged that the appellant had also attempted to use the knife/dagger in his hand to cause injuries but upon PW-6 raising alarm, both the assailants including the appellant had fled away from the scene.

(2.) The case was registered on the statement (Ex.PW-6/A) of the victim; the appellant and co-convict Bishan Kumar being arrested in the course of investigation.

(3.) During the trial, the prosecution examined seventeen witnesses including Dr. A. Bhasin (PW-1), who had examined the x-ray plates of complainant and proved his report (Ex.PW-1/A) in this regard; Constable Virender Singh (PW-2), who had accompanied ASI Prabhat Singh on receipt of DD No. 23-A and got the FIR registered; Smt. Kaushlaya (PW-3), an eye witness, who did not support the case of prosecution; Sant Ram (PW-4), record clerk of DDU Hospital who proved the MLC of complainant; Constable Balwan Singh (PW-5), who had intimated PS Anand Parbat about the complainant being taken to hospital in an ambulance; Smt. Krishna (PW-6), the complainant/injured; Constable Bhim Singh (PW-7), Constable Mahabir Singh (PW-9) and SI Rajbir Singh (PW-10), who were the witnesses to the recovery of the dagger at the instance of the appellant; Head Constable Gyan Singh (PW-8), who had recorded the formal FIR and proved the FIR of the case; J.C. Vashisht (PW-11), record clerk from DDU hospital, who proved the MLC of the appellant; Head Constable Jai Narain (PW-12), who had handed over the cartridge to ASI Prabhat Singh; Constable Surender (PW-13), who had taken one sealed parcel and one sample seal and deposited the same at CFSL; SI Mohinder Singh (PW-14), who had obtained final result on the MLC of the complainant; ASI Parbhat Singh (PW-15), IO of the case; Head Constable Ram Niwas (PW-16), who was working as MHC (M), and had deposited the sealed parcel containing the dagger in malkhana; and SI Vasudev (PW-17), to whom the investigation was temporarily entrusted.