Delhi High Court
Raj Kumar @ Raju vs State on 12 July, 2013
Author: S. P. Garg
* IN THE HIGH COURT OF DELHI AT NEW DELHI
DECIDED ON : 12th July, 2013
+ CRL.A. 1476/2011
RAJ KUMAR @ RAJU
..... Appellant
Through : Ms.Saahila Lamba, Advocate.
versus
STATE
..... Respondent
Through : Mr.M.N.Dudeja, APP for the State.
CORAM:
MR. JUSTICE S.P.GARG
S.P.GARG, J. (OPEN COURT)
1. The appellant-Raj Kumar @ Raju challenges the judgment
dated 14.09.2010 of learned Additional Sessions Judge in Sessions Case
No.91/2009 arising out of FIR No.448/2006 registered at Police Station
Khajuri Khas by which he was convicted under Section 307 IPC. By an
order dated 17.09.2010, he was sentenced to undergo Rigorous
Imprisonment for five years with fine `5,000/.
2. Allegations against the appellant were that on 18.10.2006 at
about 12.15 A.M., he and his associate Asif Khan (since acquitted) went
at Brahma Nand's House on motorcycle. It was driven by Asif Khan and
the appellant was a pillion rider. The appellant fired shot pointing at
Brahma Nand with an attempt to commit murder. DD No.30-A was
recorded. Injured was taken to hospital. The Investigating Officer lodged
First Information Report after recording his statement. The Investigating
Officer recorded statements of witnesses conversant with facts. Both Raj
Kumar and Asif Khan were arrested during investigation. On completion
of investigation, a charge-sheet was submitted. Both of them were
charged and brought to Trial. The prosecution examined 11 witnesses to
establish the offence. In his 313 statement, the appellant pleaded false
implication. On appreciating the evidence and after considering the rival
contentions of the parties, the Trial Court, by the impugned judgment,
held the appellant guilty of committing offence under Section 307 IPC
Asif Khan was acquitted of all the charges. It is significant to note that
the State did not challenge his acquittal.
3. During the course of arguments, Counsel, on instructions
from the appellant, stated at Bar that the appellant has opted not to
challenge the findgs of the Trial Court recording conviction under Section
307 IPC. He, however, prayed to take lenient view as the appellant is in
custody for the last about four years. He is not a previous convict and is
not involved in any other criminal case. He has three minor children
besides his unmarried sister and aged mother to take care of them. Since
the appellant-Raj Kumar has not opted to challenge the conviction under
Section 307 IPC, the findings of the Trial Court of conviction under
Section 307 IPC are affirmed.
4. The appellant was sentenced to undergo RI for five years
with fine of `5,000/- under Section 307 IPC. Nominal roll dated
05.07.2013 reveals that he has already undergone three years and fourteen
days incarceration as on 05.07.2013. He has also earned remission for 10
months and 14 days. The unexpired portion is about one year and one
month. His jail conduct is satisfactory. He is not a previous convict and is
not involved in any other criminal case. It is unclear if the complainant
suffered 'dangerous' or 'simple injury' on the body. The impugned
judgment records that nature of injuries were dangerous as deposed by
PW-10 who appeared on behalf of the Dr.Nishan Saxena, who had
examined the complainant. However, PW-12, who was deputed to depose
on behalf of Dr.Mukesh Jha, stated that the nature of injuries was
'simple'. Asif Khan was acquitted of all the charges. The appellant did
not attempt to fire again at the complainant to ensure his death. The
injuries were on the complainant's shoulder. Taking into consideration
these mitigating circumstances, order on sentence is modified and the
substantive sentence of the appellant is reduced to four years and six
months with fine of `1,000/- and failing to pay the fine to further undergo
SI for 15 days. Other terms and conditions of the sentence are left
undisturbed.
5. The appeal stands disposed of in the above terms. Trial
Court record be sent back forthwith. Copy of the order be sent to the
Superintendent Jail.
(S.P.GARG)
JUDGE
July 12, 2013
sa
