Delhi High Court
Ashwani @ Chinni vs State on 5 February, 2018
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 5th February, 2018
+ CRL.A. 1210/2016
ASHWANI @ CHINNI ..... Appellant
Represented by: Mr. Dhan Mohan, Ms. Tanu B.
Mishra, Mr. Ravi Mishra, Ms.
Harkamal Jeet Kaur and Ms.
Manisha Saharan, Advocates.
versus
STATE ..... Respondent
Represented by: Ms. Meenakshi Chauhan, APP
for State with SI Karamvir, PS
Narela.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
MUKTA GUPTA, J. (ORAL)
1. By the present appeal, the appellant challenges the impugned
judgment dated 5th November, 2016 convicting him for the offence
punishable under Sections 307/34 IPC and the order on sentence dated 8th
November, 2016 directing him to undergo rigorous imprisonment for a
period of six years and to pay a fine of ₹2,00,000/- and in default of payment
of fine to undergo simple imprisonment for a period of six months for the
offence punishable under Sections 307/34 IPC.
2. Learned counsel for the appellant submits that the dispute was
between the complainant and co-accused Dinesh and Dinesh has been
acquitted by the learned Trial Court. Hence, the appellant is also required to
be acquitted.
3. Learned APP for the State on the other hand contends that the name
of the appellant is mentioned in the PCR call. There is categorical
deposition with respect to the role of the appellant in the testimony of Rajesh
(PW-12) and Narender (PW-14). Furthermore, acquittal of Dinesh has no
implication on the appellant.
4. Process of law was set into motion on 10th May, 2011 around 9:50
P.M. when information was received from the wireless operator to the effect
that "H.No.1033, Pana Paposiya, Narela do ladke ek ladke ko goli maar kar
bhag gaye". Aforesaid information was recorded vide DD No.32A (Ex.PW-
1/A) and was entrusted to SI Ram Kishan (PW-18) who along with Ct.Anuj
(PW-4) reached the spot i.e. main street of market of Narela at chabutra
(platform) outside one house. They learnt that two persons had been shot
and were taken to SRHC Hospital, Narela. Ct. Anuj remained at the spot
while SI Ram Kishan went to hospital and collected MLCs of both the
injured Narender and Rajesh @ Monu. Rajesh @ Monu was unfit for
statement but Narender was declared fit for statement and therefore, he
recorded his statement (Ex.PW-14/A).
5. Narender stated that he was a resident of H.No.1033 Pana Paposian,
Narela, Delhi and works as a 'desi baid'. On the date of the incident, at
around 9:30 P.M. he along with his friend Rajesh @ Monu, s/o Raghubir
Singh, R/o H.No.1029 Pana Paposian, Narela, Delhi was sitting on a
'Chabutra' in front of their friend Rohtash, S/o Sardar's house when a
motorcycle with two men came. Out of them the one unknown man who
was sitting in front was not wearing a helmet and sitting behind him was
Ashwani (appellant), S/o Chini who resides near the gas godown in the
neighbourhood. The motor cycle stopped near them and Ashwani took out
his pistol and started firing at them. He further stated that both of them
suffered bullet wounds whereby they ran towards their houses but Ashwani
ran behind them and kept shooting at them. Thereafter, Ashwani and his
accomplice ran away on the motor cycle. He stated that this life threatening
attack on them was done by Ashwani and his accomplice whose name he did
not know but can identify him if brought in front. Thus legal action be taken
against them.
6. On the basis of the aforesaid statement, FIR No. 205/2011 (Ex. PW-
1/B) was lodged for the offences punishable under Sections 307/304 IPC
and Sections 25/27/54 of Arms Act, 1959. SI Ram Kishan again went to the
spot and picked up blood lying there with a cotton swab, seized vide seizure
memo is Ex.PW-4/B, earth control vide memo Ex.PW-4/D, blood stained
earth vide memo Ex.PW-4/C and two empty cartridges were seized vide
memo Ex.PW-4/A. Site plan (Ex.PW-18/A) was prepared at the instance of
Narender. Blood stained clothes of Rajesh @ Monu were seized vide memo
Ex. PW-4/F. Photographs (Ex. PW-3/1 to 15) of the spot were taken. Crime
team report (Ex.PW-9/A) was prepared by Inspector Anil Kumar (PW-9).
Efforts were made to find out the accused persons. On 3rd October, 2011,
co-accused Dinesh, who had already been arrested by Special Staff in FIR
No. 255/2011 under Sections 25/24/59 Arms Act, was produced in Court.
His disclosure statement was recorded and his personal search memo was
prepared vide Ex.PW-18/C. Ashwani was declared proclaimed offender,
however, he was arrested later on in FIR No. 195/2012 whereafter he was
arrested in the present case vide arrest memo Ex. PW-19/D and a pistol was
recovered from him. After completion of investigation, charge sheet was
filed. Charge was framed.
7. Narender was examined as PW-14 in Court. He deposed in sync with
his statement made before this police as noted above. Rajesh @ Monu (PW-
12) corroborated the testimony of Narender.
8. Rohtash (PW-16) stated that he was inside the house eating at around
9:30 P.M. On hearing noise, he came out of his house and saw his nephew
Rajesh in an injured condition. He was told by Rajesh that he had been shot
by Ashwani. He took him to the SRHC hospital, Narela.
9. Dr. Avdhesh (PW-6), Medical Officer, SRHC Hospital stated that on
10th May, 2011 he was working as casualty officer in the aforesaid hospital.
He examined Rajesh who was brought by Rohtash, his uncle, with an
alleged history of bullet injury. He prepared the MLC of Rajesh Ex. PW-
6/A and on examination, following injuries were found:
i. Three bullet injury wounds over left upper chest, bleeding from
wounds was present.
ii. One bullet injury on right arm, for which the patient was provided
emergency treatment and further referred to SR surgery for further
treatment and management.
iii. One bullet injury over right side of upper chest which was
profusely bleeding which was measuring 1 x 0.5 cms.
10. Dr. Avdhesh also examined Narender. On examination he found that
there were four punctured wounds out of which one was on left upper back,
two wounds were on left arm and fourth wound on left upper chest. Each
wound was measuring 1 x 0.5 cms. MLC of Narender is Ex. PW-6/B.
11. Dr. A.K. Rawat (PW-8), Consultant Surgeon stated that on 10th May,
2011, Narender was examined and operated on by him. He observed the
following injuries.
i. Gun shot injury on left arm.
ii. Gun shot injury on left chest.
12. Copy of the discharge summary is Ex. PW-8/A. He opined that the
nature of injuries sustained by Narender were dangerous to his life. A
certificate to this effect was issued vide Ex. PW-8/B.
13. Co-accused Dinesh was acquitted by the learned Trial Court for the
reason he was not named in the FIR and on the basis of statement of
Narender who stated that the person driving the motorcycle was not wearing
the helmet and it also came in evidence that he was known to the injured but
still he failed to name him. Considering the nature of evidence of the two
injured witnesses duly corroborated by the injuries received by them and
appellant being named by the injured in the first instance itself, this Court
finds no illegality in the impugned judgment of conviction and order on
sentence.
14. Appeal is accordingly dismissed. Copy of the order be sent to
Superintendent, Central Jail, Tihar for updation of jail record.
15. Trial Court record be returned.
(MUKTA GUPTA)
JUDGE
FEBRUARY 05, 2018
'vn'
