Delhi District Court
The State Nct Of Delhi vs Akash@Akku S/O Kanhaiya Lal on 11 March, 2026
IN THE COURT OF SH. VISHAL SINGH, ADDITIONAL
SESSIONS JUDGE-05: SOUTH-EAST DISTRICT,
SAKET COURTS, NEW DELHI.
CNR NO. DLSE01-010768-2023
SC No. 11536/2023
STATE Vs. AKASH @ AKKU
FIR No. 167/2023
U/s. 307 IPC & SEC. 25 & 27 ARMS ACT
PS: KALINDI KUNJ
JUDGMENT
1. Sr. No. of the case : 11536/2023.
2. Date of Committal to Sessions : 12.10.2023.
3. Name of the complainant : Smt. Hemlata.
4. Date of Commission of Offence : 15.04.2023.
5. Name and Parentage of Accused : Akash @ Akku
S/o. Sh. Kanhaiya Lal
R/o.: H. No. A-2/1685,
JJ Colony, Madanpur Khadar,
New Delhi.
6. Offence Complained of : U/s. 307 IPC and Section 25
& 27 Arms Act.
7. Offence Charged : U/s. 307 IPC and Section 25
& 27 Arms Act.
8. Plea of Guilt : Not guilty.
9. Final Order : Acquitted U/s. 307 IPC
: Convicted U/s. 338 IPC r/w
Section 25 & 27 Arms Act
10.Date on which Order Reserved : 12.02.2026.
11.Date on which Order Announced : 11.03.2026.
SC No. 11563/2023 FIR No. 167/2023 State Vs. Akash @ Akku PS : Kalindi Kunj Page No.1 of 22 BRIEF FACTS AND REASONS FOR DECISION:
1. The prosecution case against accused Akash @ Akku, in brief, is that on 15/04/2023, at about 09:30PM, in gali, in front of H. No. A-2/753, J. J. Colony, Madanpur Khadar, New Delhi, he caused grievous gunshot injury on left thigh of victim Smt. Hemlata with a country made pistol. The FIR was registered on complaint of victim Smt. Hemlata. On 24/04/2023, accused Akash @ Akku surrendered at PS Kalindi Kunj and the country made pistol (desi katta), that he used to commit the offence, with one live cartridge was recovered at his instance on 26/04/2023. On completion of investigation, the charge-sheet was filed for offence U/s. 307 IPC & Section 25 & 27 Arms Act.
2. Detailed arguments were heard on charge from Ld. Defence Counsel as well as from Ld. Addl. PP for State. Vide order dated 01/12/2023, accused Akash @ Akku was charged for offence U/s. 307 IPC & Section 27 Arms Act. Vide order dated 31/01/2024, he was additionally charged for offence U/s. 25 Arms Act. The accused did not plead guilty to the charge and preferred trial.
3. The prosecution led evidence and examined 09 witnesses to bring home the charged offence against the accused.
4.(i) PW1/complainant/victim Smt. Hemlata deposed that on 15/04/2023, at about 09:00PM, on being invited by her neighbours, she alongwith her younger daughter and sister-in- law, joined birthday party of Prashant, her adjacent house resident, which was being celebrated in gali in front of her house.
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There were many neighbours in the party. She deposed that while they were waiting for cutting the birthday cake, accused Akash @ Akku suddenly fired in the air and, thereafter, towards her, resulting which one bullet hit on her left thigh. She deposed that prior to the incident, she did not know accused Akash @ Akku and she came to know his name from parents of Prashant. She deposed that on sustaining gunshot injury she became unconscious and her husband rushed her to AIIMS Trauma Center, where she remained hospitalized for one week. She deposed that the doctors operated her left leg and planted a rod inside her left thigh. She deposed that on the same night, police visited her at AIIMS Trauma Centre and recorded her statement Ex. PW1/A. She identified accused Akash @ Akku in Court. She deposed that her clothes, that she wore at the time of incident, were also seized at AIIMS Trauma Centre. She replied that she did not know why accused Akash @ Akku had fired at her. She stated that she alongwith other ladies was standing at the place of incident but the accused fired at her only. She did not identify the country made pistol Mark 'X' that accused used to fire at her stating that she did not see it properly. She identified the clothes Ex. P-1 as her clothes that she wore at the time of incident and that were seized during investigation.
4.(ii) In cross-examination by Ld. Defence Counsel, PW1 replied that she could not say the number of public persons gathered in birthday party at the time of incident, however, there were many public persons and accused Akash was standing 8 to 10 feet away from her. She replied that the accused fired from front side and the bullet hit on her left thigh. She replied that her SC No. 11563/2023 FIR No. 167/2023 State Vs. Akash @ Akku PS : Kalindi Kunj Page No.3 of 22 family had no enmity with anybody. She replied that she did not notice anyone pointing gun at her. She replied that she could not say if she was shot intentionally, neither did she notice gunshot firing sound when the bullet hit her. She replied that she could not say if accused Akash wanted to fire in the air in birthday celebration with his gun, however, when the gun did not fire, he checked it by pointing it towards the road, resulting which it fired suddenly and the bullet recoiled after hitting the road and hit her leg. She replied that she had no prior acquaintance or enmity with accused Akash. She replied that she could not say if the bullet injury caused to her by accused was by accident, not intentionally. She replied that after two days of the incident when she was in hospital, mother of Aman told the name of accused Akash to her. She replied that police visited the hospital on same day and obtained her signature. She voluntarily stated that she was in critical condition at that time to disclose the incident. Since PW1 deposed different version to her examination-in- chief, she was cross-examined by Ld. Addl. PP.
4.(iii) In cross-examination by Ld. Addl. PP, PW1 denied that in her examination-in-chief she deposed that accused Akash fired towards her and the bullet hit on her left thigh. She deposed that her deposition dated 03/07/2024 that she did not notice anybody pointing towards her, was correct, instead of her deposition in examination-in-chief that accused Akash fired towards her and the bullet hit on her left thigh. She denied that in her statement Ex. PW1/A she stated to police that accused Akash intentionally pointed a gun towards her and, thereafter, fired at her, resulting which the bullet hit on her left thigh.
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5. PW2 Sugriv, husband of victim, deposed that on 15/04/2023, at about 09:00PM, he was at his house at A-2/770, Madanpur Khadar, JJ Colony, New Delhi, whereas, his wife Hemlata alongwith their daughter Akanksha and his sister Tulsi went out to attend birthday party of a boy Aman in their neighbourhood. He deposed that, after some time, on hearing sound of firing, he looked out through window of his house and saw that many persons were gathered in gali and his wife was lying on ground. He immediately reached the spot and saw that his wife was lying on ground having bullet injury in her leg, and rushed her to AIIMS Trauma Centre. He deposed that, on inquiry, his neighbours as well as his sister told him that a person namely Akku had fired at his wife and his sister tried to catch the offender but he ran away from the spot. He deposed that he did not see the person who had fired at his wife. He deposed that on being called by his jija (brother-in-law), police met him at AIIMS Trauma Centre and recorded statement of his wife.
In cross-examination by Ld. Defence Counsel, PW2 admitted that he did not witness the incident, since he was inside his house at that time. He denied that in his statement recorded U/s. 161 CrPC Ex. PW2/A, he stated to police that his sister had told him that she tried to catch accused Akash @ Akku. He replied that name of accused Akku was told to him by his neighbours Aman and his mother Bala. He replied that the whole incident was told to him by his sister.
6. PW3 Aman, neighbourer of victim, deposed that on 15/04/2023 he invited his family, neighbours and friends on SC No. 11563/2023 FIR No. 167/2023 State Vs. Akash @ Akku PS : Kalindi Kunj Page No.5 of 22 occasion of celebration of 1st birthday of his child Prashant and, at about 09:00PM, when they were about to cut birthday cake, they heard sound of a gunshot fire. He deposed that the bullet hit in the leg of his sister-in-law (Bhabhi) Hema. He deposed that there was crowd of his guests and the bullet was fired from his back side, therefore, he did not see who had fired it. He deposed that he did not see anyone with a gun before or after the gunshot fire. Someone amongst his guests called police, on which police visited his home and inquired from him about the incident. Since PW3 resiled from his statement recorded U/s. 161 CrPC, he was cross-examined by Ld. Addl. PP.
In cross-examination by Ld. Addl. PP, PW3 replied that he knew accused Akash, who was his neighbour and was present in birthday party as his guest at the time of incident. He admitted that accused Akash consumed liquor in the party. He voluntarily stated that many of his guests consumed liquor in the party. He denied that he saw accused Akash holding a gun by which he fired in the air and when the bullet did not discharge in the air, he pointed out the gun downwards during which the bullet got discharged and injured Hema @ Hemlata in her leg. He replied that no empty cartridge of the discharged firearm was found at the spot by police. He denied that accused Akash fled from the spot, after causing bullet injury to victim Hema @ Hemlata. He admitted that the site plan was prepared at his instance. He denied the suggestion that he deposed falsely being friend of accused Akash.
7.(i) PW4 Tulsi deposed that on 15/08/2023, at about 09:00PM, she attended birthday party of the child of her neighbour Aman SC No. 11563/2023 FIR No. 167/2023 State Vs. Akash @ Akku PS : Kalindi Kunj Page No.6 of 22 and when the cake was about to cut, accused Akash, who was also present there as a guest in drunken condition and was holding a gun like object in his hand with which he fired up in the air, on which some spark went off from the gun but it did not discharge the bullet. She deposed that whilst accused Akash was inspecting his gun to check why it did not fire, suddenly a bullet got discharged from the gun and hit victim Hemlata, who was present in the party, in her left thigh. When she cried that Akash had shot Hemlata Bhabhi by his gun, accused immediately fled from there. She deposed that one of her neighbours called police. She deposed that she did not see victim Hemlata bleeding but she suffered a gunshot hole at the place of injury and her brother Sugreev immediately rushed Hemlata to hospital. Police reached the spot and inquired from her about the incident. Since PW4 did not disclose correct date of incident, she was cross-examined by Ld. Addl. PP.
7.(ii) In cross-examination by Ld. Addl. PP, PW4 replied that she could not confirm that the incident occurred on 15/04/2023, however, it was summer month. She replied that she did not notice type of the gun by which accused caused gunshot injury, however, it was of the size of her palm. She replied that accused Akash did not intentionally point the gun towards victim Hemlata and the bullet got discharged when accused was inspecting his gun while pointing it downwards as the bullet did not discharge when he tried to fire up in the air. She replied that when accused was inspecting his gun, the bullet got discharged from it and injured Hemlata.
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7.(iii) In cross-examination by Ld. Defence Counsel, PW4 replied that there were above 50 persons in birthday party when the incident occurred and she was standing just one step ahead of accused Akash @ Akku, whom she knew only by his face prior to the incident. She admitted that accused had consumed alcohol at the time of incident. She stated that " Akash aur sabhi ne birthday party me sharab pee rakhi thi, sabhi log bahar se sharab pee ke aaye the aur sharab ke nashe me ghum rahe the, unke ghar per sharab ke petti bhi aayi thi". She denied the suggestion that at the time of incident she was standing in front of her house. She voluntarily stated that she was standing in street in front of house of Aman. She replied that the house of accused Akash was located at 10 minutes walking distance from her house. She replied that many persons surrounded her in the celebration but there was no visual obstruction between her and accused Akash. She replied that except Akash, no other person was holding the gun at the time of incident. She denied the suggestion that she did not see accused Akash holding a gun or firing from a gun at the time of incident. She denied that neither did accused Akash attend the birthday party, nor was he present at the spot at the time of incident. She replied that her neighbour Naresh called police after the incident. She replied that police inquired from her about the incident and also called her at police station after 1-2 days of the incident.
8. PW5 Constable Darshan deposed that on 15/04/2023, on receipt of DD No.80A by IO SI Sumit, they reached the spot i.e. A-2/770, JJ Colony, Madanpur Khadar, where they came to know that during birthday celebration one Akash had fired at a SC No. 11563/2023 FIR No. 167/2023 State Vs. Akash @ Akku PS : Kalindi Kunj Page No.8 of 22 lady namely Hemlata, who was already rushed to hospital by her family members. He deposed that IO called crime team and tried to find out the fired cartridge at the spot but to no avail. He deposed that, in the meantime, on receipt of information about MLC of injured, they reached AIIMS Trauma Centre, where IO recorded statement of injured Hemlata, prepared tehrir, got the present FIR registered at police station through him. After registration of FIR, he returned to AIIMS hospital and handed over the original tehrir alongwith copy of FIR to the IO. He deposed that the concerned doctor handed over clothes Ex. PW5/A of the injured and the bullet Ex. PW5/B in sealed parcel to the IO. Thereafter, they returned to the place of incident, where IO prepared site plan and searched for CCTV camera, however, no CCTV was found installed at or near the place of incident. Thereafter, they came back to PS and deposited the case property in Malkhana.
In cross-examination by Ld. Defence Counsel, PW5 replied that parents of the child whose birthday was being celebrated, had told the identity of offender who shot the victim with gun. He replied that he did not know the time when they reached the spot. He denied the suggestion that he did not accompany the IO to the sot.
9. PW6 Ms. Preeti, Sr. Scientific Officer (Ballistic), FSL, Rohini, deposed that on 19/09/2023 office of FSL, Rohini, received one parcel, sealed with the seal of 'SK', through letter No. 1905 from PS Kalindi Kunj and the same was assigned to her. Seal on parcel was found intact and tallied with the specimen SC No. 11563/2023 FIR No. 167/2023 State Vs. Akash @ Akku PS : Kalindi Kunj Page No.9 of 22 seal. On checking, she found one country made pistol Mark Ex. F1 alongwith one 8mm/.315 inch cartridge Mark Ex. A1 in the parcel. She deposed that the country made pistol .315 bore was designed to fire standard .315/8mm cartridge and was in working condition. She deposed that the test fire was conducted successfully by using one 8mm/315 inch cartridge Mark A1. The exhibits F1 and A1 were firearm/ammunition as defined in Arms Act, 1959. She prepared her detailed ballistic examination report Ex. PW6/A dated 20/09/2023. She identified the country made pistol Ex. P-2 and cartridge Ex. P-3 as the same that she examined in laboratory.
In cross-examination by Ld. Defence Counsel, PW6 replied that she could not comment about the firing distance of pistol as the IO had not asked about it and without test firing, the firing distance could not be told. She replied that it could be examined whether the pistol was used to fire earlier or not, however, it could not be ascertained scientifically that how much time earlier it was used. She replied that the pistol was found in working condition at the time of examination. She denied that she mechanically prepared her report, without examining the pistol.
10. PW7 HC Brijesh deposed that on 26/04/2026 he alongwith the IO and accused Akash @ Akku went to Madanpur Khadar, from where a country made pistol with one live cartridge, that were wrapped in a plastic polythene, was recovered from bushes near Yamuna Khadar, Pusta Road, Kanchan Kunj, Madanpur Khadar, New Delhi, at the instance of accused Akash, that he SC No. 11563/2023 FIR No. 167/2023 State Vs. Akash @ Akku PS : Kalindi Kunj Page No.10 of 22 stated to have used in commission of offence. He deposed that IO prepared sketch of the recovered pistol and cartridge, kept the pistol in a plastic katta and the cartridge in a transparent plastic box, sealed them with the seal of 'SK' and seized them vide seizure memo Ex. PW7/A. IO also prepared recovery site plan Ex. PW7/B of recovered pistol and cartridge and after getting the accused medically examined, sent him to JC through Court order. Thereafter, they returned to PS and deposited the case property in Malkhana. He identified the pistol and cartridge Ex. P-2 and Ex. P-3 respectively that were recovered at the instance of accused.
In cross-examination by Ld. Defence Counsel, PW7 replied that the live cartridge was loaded in the country made pistol. He again stated that the cartridge was found in plastic polythene. He replied that the pistol and cartridge were recovered from bushes of Keekar and the same were not visible from a long distance. He replied that he did not remember the exact time of recovery of weapon of offence, however, it was recovered during day time. He denied the suggestion that no pistol and cartridge were recovered at the instance of accused and the same were planted on the accused.
11. PW8 HC Pawan Kumar deposed that on 24/04/2023, at about 10:00PM, on production of accused Akash @ Akku by his father Kanhaiya Lal at PS Kalindi Kunj, IO ASI Sumit interrogated the accused, arrested him vide arrest memo Ex. PW8/A, conducted his personal search vide memo Ex. PW8/B and recorded his disclosure statement Ex. PW8/C. Thereafter, they alongwith accused Akash went in search of co-accused SC No. 11563/2023 FIR No. 167/2023 State Vs. Akash @ Akku PS : Kalindi Kunj Page No.11 of 22 Aman in the area of Kanchan Kunj, Yamuna Khadar, but to no avail.
12.(i) PW9 IO SI Sumit deposed that on 15/04/2023, on receipt of DD No.80A regarding firing, he alongwith Constable Darshan reached the spot i.e. at A-2/770, JJ Colony, Madanpur Khadar, where they came to know that during birthday celebration in street in front of house of Aman, one person namely Akash had fired at a lady Hemlata, who was already rushed to hospital by her family members. He deposed that he called crime team and tried to find out the fired cartridge at the spot but to no avail. In the meantime, on receipt of information about MLC of injured, he alongwith Constable Darshan went to AIIMS Trauma Centre, where they found injured Hemlata admitted and he recorded her statement Ex. PW1/A. Thereafter, he prepared tehrir Ex. PW9/A and got the present case registered at police station through Constable Darshan. He deposed that the doctor handed over blood stained clothes of the injured in a pullanda, sealed with the seal of 'JPNATC CMO AIIMS ND' to him. After registration of FIR, Constable Darshan returned to hospital and handed over copy of FIR and original tehrir to him. He deposed that he seized the clothes pullanda vide memo Ex. PW5/A. Thereafter, he alongwith Constable Darshan went back to the spot, where he met two eye-witnesses namely Tulsi and Aman and prepared site plan Ex. PW9/B at their instance. He deposed that despite search, no CCTV cameras was found installed at or near the spot and, thereafter, they returned to police station and deposited the case property in Malkhana.
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12.(ii) PW9 deposed that on 17/04/2023 he again visited the hospital, where he met the injured and the doctor handed one bullet, that was taken out from left thigh of the injured during operation, in a pullanda sealed with the seal of 'JPNATC CMO AIIMS ND' to him and he seized the same vide seizure memo Ex. PW5/B. Thereafter, he returned to police station and deposited the case property in Malkhana. He deposed that on 24/04/2023, at about 09:45PM, Kanhaiya Lal, father of accused Akash, produced Akash in police station, who, during interrogated, confessed his involvement in commission of offence and disclosed that he purchased the weapon of offence i.e. country made pistol from one Aman, however, he did not disclose Aman's complete address. He further deposed about arrest of accused Akash, conducting of his personal search, recording of his disclosure statement, obtaining of his two days PC remand from the Court on 25/04/2023 through application Ex. PW9/C, recovery of weapon of offence i.e. country made pistol with one live cartridge at his instance on 26/04/2023, from bushes near Yamuna Khadar, Pusta Road, Kanchan kunj Madanpur Khadar, New Delhi, preparation of sketch of recovered pistol and cartridge as well as their seizure and preparation of site plan of the place of recovery. After medical examination, accused Akash was sent to JC by the Court and he deposited the case property in Malkhana.
12.(iii) PW9 deposed that, during investigation, he recorded statement U/s. 161 CrPC of the witnesses, obtained result on MLC of injured Hemlata, on which the injury was opined to be 'grievous' in nature by the doctor, collected discharge as well as SC No. 11563/2023 FIR No. 167/2023 State Vs. Akash @ Akku PS : Kalindi Kunj Page No.13 of 22 x-ray report of the injured, sent the exhibits to FSL, also collected crime team report and, on completion of investigation, filed the charge-sheet in Court. Thereafter, on 17/08/2023, through applications Ex. PW9/D and Ex. PW9/E respectively, he got the statement U/s. 164 CrPC Ex. PW2/A of witness Sugreev and witness Tulsi recorded by Ld. Magistrate. He deposed that he collected the FSL (Ballistic) result as well as obtained Sanction U/s. 39 Arms Act and filed them in Court with supplementary charge-sheet. On 17/07/2024, he received biological report from FSL and filed the same in Court alongwith another supplementary charge-sheet. The case properties were already exhibited as Ex. P-2 and P-3 in testimony of PW7.
12.(iv) In cross-examination by Ld. Defence Counsel, PW9 replied that accused Akash @ Akku was firstly identified by one Aman. He replied that no videography of recovery of country made pistol was conducted. He denied the suggestion that nothing was recovered at the instance of accused and the alleged recovery was planted on him. He replied that the statement of injured Hemlata was recorded in hospital, in which she disclosed the name of accused Akash @ Akku. He denied that only relatives of the injured were cited as witness in the list of witnesses. He voluntarily stated that one neighbour namely Aman of the injured was also cited as witness in the list of witnesses. He replied that no previous enmity was reported between the family of complainant and the accused. He denied that the accused didn't fire at the injured with country made pistol.
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13. Since accused Akash @ Akku, through his separate statements recorded U/s. 294 CrPC on 28/09/2024 and 01/04/2025, admitted the genuineness of following documents, the requirement to prove them through concerned prosecution/public witnesses was obviated :-
i) Ex. P-1 : Registration of FIR alongwith Certificate U/s.
65-B of Indian Evidence Act (Colly.);
ii) Ex. P-2 : GD No. 80A dated 15.04.2023;
iii) Ex. P-3 : GD No.2A dated 16.04.2023;
iv) Ex. P-4 : MLC, Discharge Summery and X-ray report of
injured Smt. Hemlata (Colly.).
v) Ex. A-5 : Crime Scene Report dated 16.04.2023;
vi) Ex. A-6 : FSL (Bio) Report No. SFSL/DLH/9944/BIO/
2247/23 dated 08.04.2024.
vii) Ex. A-7 : Statement U/s. 164 CrPC dated 17.08.2023 of
witnesses Sugreev and Tulsim (Colly.).
viii) Ex. A-8 : Sanction Report U/s. 39 Arms Act.
14. All the incriminating evidence that came on record in the deposition of prosecution witnesses was put in detail to accused Akash @ Akku and his statement U/s. 313 CrPC was recorded separately. He denied all incriminating evidence and asserted that he was innocent and was falsely implicated in the present case by interested witnesses. He asserted that he was not that Akash who committed the offence. The accused did not avail of the opportunity to lead defence evidence.
15. I have heard the detailed final arguments from both sides. The findings are as under:-
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The Incident :
16. Accused Akash @ Akku is tried for attempting to murder victim Hemlata by firing at her with an illicit country made pistol during a birthday party celebration in his neighbourhood on 15/04/2023 at about 09:30PM. The victim sustained grievous gunshot injury on her left thigh in the incident.
PW1/victim Smt. Hemlata deposed about attending birthday party of her neighbour Aman's son Prashant in the street in the evening of 15/04/2023. She deposed that many persons from her neighbourhood had joined the birthday party at around 09:00PM. When the guests were waiting for cutting of birthday cake, suddenly accused Akash @ Akku fired in the air with a gun and, thereupon he fired towards her and one bullet hit on her left thigh because of which she became unconscious. PW1 did not know accused Akash prior to the incident.
Injury caused to the victim :
17. PW1/victim Smt. Hemlata deposed that her husband reached the spot and took her to AIIMS Trauma Centre, where she remained admitted for one week. The doctors operated on her left leg and planted a rod inside her left leg/thigh.
As per MLC Ex. P-4 (Colly.), victim Hemlata sustained grievous gunshot injury by a forearm on her left thigh. The discharge summary attached with the MLC reflect that patient Hemlata had sustained - "left shaft femur fracture open GD 3A with bullet in situ". As per discharge summary, the bullet was removed from the wound of patient Hemlata.
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Defence of the accused :
18. In cross-examination of PW1/victim Smt. Hemlata, the accused raised his defence. In cross-examination, PW1 Smt. Hemlata admitted that accused fired at her from the front and bullet hit on her left leg/thigh. She replied that she could not say if she was shot intentionally with bullet. She replied that she could not say if accused Akash wanted to fire in the air in celebration with his gun and when his gun did not fire, he checked his gun by pointing it towards the road and suddenly the gun fired because of which the bullet recoiled after hitting the road and hit her leg. She replied that she could not say if accused caused bullet injury to her by accident, not intentionally. PW1/victim could not identify the weapon of offence i.e. pistol Mark 'X' (Ex. P2) as the one with which the accused fired at her.
Corroborative Statement :
19. PW4 Smt. Tulsi deposed as an eye-witness. She deposed that on the day of incident she went to attend the birthday celebration party of child of her neighbour Aman, outside his house. Many guests were present in the party when she reached there at around 09:00PM. When the hosts were about to cut the cake, accused Akash who was present there as a guest, in drunken condition held a gun like object in his hand with which he fired up in the air. Some sparks went off from the gun but it did not discharge the bullet. She deposed that whilst accused Akash was inspecting his gun to check why it did not fire, suddenly a bullet got discharged from the gun and hit victim Hemlata, who was present in the party, in her left thigh. When SC No. 11563/2023 FIR No. 167/2023 State Vs. Akash @ Akku PS : Kalindi Kunj Page No.17 of 22 she cried that Akash had shot Hemlata Bhabhi by his gun, accused immediately fled from there. She stated that she did not see victim Hemlata bleeding but she suffered a gunshot hole at the place of injury in her thigh. She deposed that victim's husband immediately took her to hospital.
On a Court question, PW4 replied that accused Akash did not intentionally point the gun at victim Hemlata. He was inspecting the gun while pointing it downwards as the bullet did not discharge when he fired up in the air. When accused was inspecting the gun, the bullet got discharged from it and injured Hemlata.
PW4 corroborated the version of PW1/victim Smt. Hemlata. In cross-examination by the accused, PW4 replied that at the time of incident she was standing just one step ahead of accused Akash, whom she knew by face. She admitted that accused Akash @ Akku had consumed alcohol at that time. She replied that accused Akash as well as other guests of birthday party had consumed the liquor. She replied that there was no visual obstruction between her and accused Akash. She replied that no other person except accused Akash was holding a gun at the time of incident.
Forensic Evidence :
20.(i) PW5 Constable Darshan and PW9 SI Sumit deposed that in the AIIMS Hospital the doctor handed over to PW9 one bullet that was taken out from left thigh of injured Hemlata through operation. The bullet led was seized through seizure memo Ex.
PW5/B.
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20.(ii) PW6 Ms. Preeti, Sr. Scientific Officer (Ballistic), FSL, Rohini, proved her Forensic Ballistics Report No. SFSLDLH/ 10951/BAL/1036/23 dated 20/09/2023 Ex. PW6/A regarding examination of country made pistol Mark Ex. F1 and one 8mm/315 inch live cartridge Mark Ex. A1. She deposed that the country made pistol of .315 bore Ex. F1 was designed to fire standard .315/8mm cartridge and was in working condition. She deposed that the test fire was conducted successfully by said gun using one 8mm/315 inch cartridge Mark A1. The exhibits F1 and Mark A1 were firearm/ammunition as defined in Arms Act, 1959. She identified the country made pistol Ex. P-2 and cartridge Ex. P-3 as the same that she examined in laboratory.
Hostile Witness :
21. PW3 Aman had, in front of his house, organized the birthday party of his son on 15/04/2023 in which the incident occurred. He deposed that at around 09:00PM, when they were about to cut birthday cake, they heard sound of a gunshot fire. He deposed that the bullet hit in the leg of his sister-in-law (Bhabhi) Hema. He deposed that there was crowd of his guests and the bullet was fired from his back side, therefore, he did not see who had fired it. He deposed that he did not see anyone with a gun before or after the gunshot fire.
In cross-examination by Ld. Addl. PP, PW3 admitted that accused Akash, who was his neighbour, also attended birthday party. He admitted that accused Akash had consumed liquor in the party, like many other guests. He denied the suggestion that he saw accused Akash holding a gun with which he fired up in the air.
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Recovery of Weapon :
22.(i) PW9 SI Sumit deposed that on 24/04/2023, at about 09:45PM, accused Akash was brought to police station by his father and he arrested the accused through memo Ex. PW8/A. He deposed that on 26/04/2023, during police custody remand, accused Akash got recovered a country made pistol loaded with a live cartridge hidden in a plastic polythene in bushes near Yamuna Khadar Pusta Road, Kanchan Kunj, Madanpur Khadar, New Delhi.
22.(ii) In respect of defence argument that recovery of pistol with live cartridge at the instance of accused Akash @ Akku was doubtful due to non-joining of public witnesses at the spot, it is observed that Hon'ble Supreme Court quoted the applicable judicial precedents in Ramjee Rai Vs. State of Bihar (2006) 13 SCC 229 & Kashmiri Lal Vs. State of Haryana (2013) 6 SCC 595, and held that there is no absolute command of law that the police officers cannot be cited as witnesses and their testimony should always be treated with suspicion. Ordinarily, the public at large show their disinclination to come forward to become witnesses. If the testimony of the police officer is found to be reliable and trustworthy, the Court definitely act upon the same. If, in the course of scrutinizing the evidence, the Court finds the evidence of the police officer as unreliable and untrustworthy, the Court may disbelieve him but it should not do so solely on the presumption that a witness from the Department of Police should be viewed with distrust. This is also based on the principle that quality of the evidence weighs over the quantity of evidence.
SC No. 11563/2023 FIR No. 167/2023
State Vs. Akash @ Akku PS : Kalindi Kunj Page No.20 of 22
22.(iii) PW7 HC Brijesh deposed that on 26/04/2023 he joined investigation with IO. On that day, accused Akash @ Akku led IO and him to Madanpur Khadar and got recovered a plastic polythene containing a country made pistol and one live cartridge from the bushes near Yamuna Khadar, Pusta Road, Kanchan Kunj, Madanpur Khadar.
In cross-examination, PW7 replied that they went to place of recovery on a motorcycle. The motorcycle was parked on the road and, thereafter, they walked half-a-kilometer towards Yamuna to reach the place of recovery. He replied that pistol and cartridge were kept by the accused in the bushes, that IO recovered at the instance of accused. PW7 replied that the polythene containing pistol and cartridge was not visible from distance. PW7 corroborated the testimony of PW9 IO SI Sumit.
22.(iv) There is no reason to doubt the testimony of witnesses regarding recovery of pistol with live cartridge at the instance of accused Akash @ Akku, especially in view of testimony of PW1 and PW4 that accused Akash @ Akku fired at PW1 with a firearm and injured her in left thigh by gunshot injury.
Statement of accused U/s. 313 CrPC (Sec. 351 BNSS) :
23. During prosecution evidence, accused Akash @ Akku raised the defence in cross-examination of PW1 Hemlata that he just wanted to fire in the air in celebration with his gun and when his gun did not fire, he checked it by pointing it towards the road but it suddenly fired because of which bullet recoiled after hitting the road and hit the thigh of victim Smt. Hemlata.
However, in his statement recorded U/s. 313 CrPC, SC No. 11563/2023 FIR No. 167/2023 State Vs. Akash @ Akku PS : Kalindi Kunj Page No.21 of 22 accused changed his defence and stated that he was not present at the spot at the time of incident. He stated that he was not that 'Akash' who committed the offence.
Conclusion :
24. As a result of observations and analysis, the prosecution has proved through evidence that on 15/04/2023, at about 09:30PM, in gali, in front of H. No. A-2/753, J. J. Colony, Madanpur Khadar, New Delhi, accused Akash @ Akku, whilst negligently handling a country made pistol in birthday celebration party, caused grievous gunshot injury on left thigh of victim Smt. Hemlata with a country made pistol. From the evidence, it is proved that accused shot a fire up in the air in celebration but when the gun misfired (failed to fire), he lowered the gun to check the fault during which the gun accidentally fired and injured victim Helmata on her left thigh. There is no evidence that accused intended to kill or knew that by his act he could kill someone. No evidence came on record that accused was a person of criminal disposition or had a history of criminal involvement. During investigation, an unlicenced gun Ex. P2 and live cartridge Ex. P3 were recovered from possession of accused Akash @ Akku. Therefore, it was an act of negligence and accused Akash @ Akku is convicted for offence U/s. 338 IPC r/w Section 25 & 27 Arms Act and is acquitted of the charge U/s. 307 IPC. Digitally signed by Vishal Vishal Singh Announced in the open court Singh Date:
2026.03.11 dated: 11.03.2026 16:47:28 +0530 (VISHAL SINGH) ADDL. SESSIONS JUDGE-05, SOUTH-EAST, SAKET COURTS, NEW DELHI SC No. 11563/2023 FIR No. 167/2023 State Vs. Akash @ Akku PS : Kalindi Kunj Page No.22 of 22