Delhi District Court
State vs . Deepak @ Lala on 30 August, 2016
IN THE COURT OF ADDITIONAL SESSIONS JUDGE-III:
NORTH DISTRICT ROHINI COURTS: DELHI
ID No.02404R0232782015
SC No.58557/16 ( Old no.82/15)
FIR No.315/15
U/s 307/34 IPC & 25 Arms Act.
PS: Narela
State Vs. Deepak @ Lala
son of Sh.Inder Singh
r/o H. No.1031, Gali no.25A,
Swatantra Nagar, Narela, Delhi
Offence complained of : 307/34 IPC & 25 Arms Act.
Plea of accused : Pleaded not guilty
Final Order : Acquitted
Date of committal :23.07.15
Date of Judgment :30.08.16
JUDGMENT
1 About 5-6 months prior to 21.03.15 Deepak @ Lala had stolen the mobile phone of Happay and on this Happy had also beaten Deepak @ Lala. Thereafter on 21.03.15 Deepak along with his friend Cheenu came to the house of Happy and requested Happy to get returned his mobile phone from Pankaj. Happy accompanied Lala and Cheenu on bike for going to the house of Pankaj. When they reached near R.K.Stock, Ghonda Road, Lala asked Happy to get down from the bike and FIR No.315/15 State Vs. Deepak @ Lala 6 said that as he (Happy) had earlier beaten him, therefore, he would kill Happy. Lala took out the pistol and fired on Happy. The bullet hit on the back of Happy. Thereafter Lala and Cheenu fled away from there. Happy returned hom. He informed his uncle about the incident. His uncle took him to the hospital. Police was also informed. On the statement of Happy the FIR was registered. Accused Deepak @ Lala was arrested but Cheenu could not be arrested. Ld. MM after complying the provisions of 207 Cr.PC committed the case to Sessions Court as the offence punishable under Sec.307 read with sec.34 IPC is exclusively triable by the Sessions Court. Accused were charged for the offence punishable under Sec.307 read with Sec.34 IPC and 27 Arms Act to which he pleaded not guilty and claimed trial. Thereafter the case was fixed for prosecution evidence. 2 ASI Naresh Kumar was examined as PW-1. On 21.3.15 he was working as Duty officer and he got recorded the FIR on computer. The copy of FIR is proved as Ex.PW-1/A. He proved the endorsement made on the rukka as Ex.PW-1/B and the certificate under Sec.65 B of Indian Evidence Act as Ex.PW-1/C. 3 ASI Ram Kumar was examined as PW-
2. He was posted as Incharge Mobile Crime Team. On receipt of information about the incident he along with ASI Karambir/photographer and HC FIR No.315/15 State Vs. Deepak @ Lala 6 Manoj Finger Print Proficient reached near R.K.Stock, Ghonda Road, Swatantar Nagar, Narela. ASI Adesh Kumar and the local police official met him there. This witness inspected the scene of crime. ASI Karambir took the photographs of the scene of crime from different angels. This witness proved his detailed report as Ex.PW-2/A.
4. Happy/complainant/injured was examined as PW-2. He stated that on 21.03.15 he was going to the house of his friend Pankaj. At about 6/7 PM he reached near RK Stock, Ghonda Road in gali no.81, Swatantar Nagar, Delhi. Two boys on a motorcycle came from behind and fired on his back. He sustained fire shot injury on his back. He rushed towards his house. Outside the house his uncle Rakesh was standing. He informed his uncle about the fire shot injury. His uncle removed him to Janta Hospital in Swatantar Nagar. From there he was referred to Poot Khurd Hospital. From Poot Khurd hospital he was referred to BSA hospital. He stated that police met him in the hospital and obtained his signature on blank paper. He stated that the person, who fired on him is not present in the court. He was cross examined at length but he did not support the prosecution case. He denied the suggestion that accused Deepak @ Lala along with his co-accused Cheenu fired on him.
5 Rakesh was examined as PW-4. He FIR No.315/15 State Vs. Deepak @ Lala 6 deposed that Happy, his nephew came to house. Happy was in injured condition and was bleeding from the waist. Happy informed him Lala fired on him. One neighbor made a call at 100 No. Parents of Happy took him to hospital. This witness also stated that Lala is not present in the court. The witness was cross examined at length by Ld. Addl.PP for state but of no avail.
6 All other witnesses are the police officials and doctors. None of them had witnessed the incident and can not link the accused with the commission of offence. In this case the bullet could not be retrieved as the bullet was lodged in the back bone of the injured, hence it could also not be linked with the weapon. Keeping in view this fact, prosecution evidence closed. As there is no evidence against the accused that he fired on the injured/PW-3 and there is also no incriminating evidence against accused, hence statement of accused under Sec.313 Cr.PC is dispensed with. Accused is acquitted for want of incriminating evidence. He is directed to furnish bail bond under Sec.437A Cr.PC for the sum of Rs.15,000/-with one surety in the like amount for the period of six months File be consigned to R/R. Announced in the open court today on 30.08.16 (VIRENDER KUMAR BANSAL) ASJ-3/ North District FIR No.315/15 State Vs. Deepak @ Lala 6 Rohini Courts, New Delhi FIR No.315/15 State Vs. Deepak @ Lala 6