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2013 Supreme(Del) 1222
High Court of Delhi
G.S. SISTANI, J.
Rahisuddin & Others
Versus
State
Crl. Appeal. No. 202 of 2009
Decided On : 20-09-2013
Advocate Appeared:
For the Appellants:Randhir Jain, Advocate.
For the Respondent:Pawan Sharma, Advocate.
In order to establish the offence of attempt to commit murder under section 307 read with section 34 of the IPC, the prosecution must prove beyond a reasonable doubt that the accused had the intention to kill the victim and that their actions were in furtherance of their common intention to kill the victim.
Headnote:
The court upheld the conviction of appellants Rahisuddin and Alimuddin under section 307 read with section 34 of the Indian Penal Code (IPC) for attempt to commit murder. The court found that the appellants had the intention to kill the complainant, Shahzad, and that their actions were in furtherance of this common intention. However, the court acquitted appellants Ali Jaan and Shaukin Ali of the same charges, finding that there was no evidence to suggest that they shared the common intention to kill the complainant. The court relied on the testimonies of eyewitnesses, the medical evidence, and the circumstances of the case to reach its decision.
Fact of the Case:
The appellants, Rahisuddin, Alimuddin, Ali Jaan, and Shaukin Ali, were charged with attempt to commit murder under section 307 read with section 34 of the Indian Penal Code (IPC). The prosecution alleged that the appellants had fired a gunshot at the complainant, Shahzad, with the intention to kill him. The appellants denied the charges and claimed that they were not present at the scene of the crime.
Finding of the Court:
The court found that the prosecution had proved beyond a reasonable doubt that the appellants Rahisuddin and Alimuddin were guilty of attempt to commit murder. The court relied on the testimonies of eyewitnesses, who had seen the appellants firing the gunshot at the complainant. The court also relied on the medical evidence, which showed that the complainant had sustained a gunshot injury. The court found that the appellants had the intention to kill the complainant, as they had fired the gunshot at him from a close range. The court also found that the appellants' actions were in furtherance of their common intention to kill the complainant, as they had acted together to carry out the attack.
Issues: 1. Whether the appellants had the intention to kill the complainant. 2. Whether the appellants' actions were in furtherance of their common intention to kill the complainant.
Ratio Decidendi: The court held that the appellants Rahisuddin and Alimuddin were guilty of attempt to commit murder under section 307 read with section 34 of the IPC. The court found that the appellants had the intention to kill the complainant, as they had fired the gunshot at him from a close range. The court also found that the appellants' actions were in furtherance of their common intention to kill the complainant, as they had acted together to carry out the attack. The court relied on the testimonies of eyewitnesses, the medical evidence, and the circumstances of the case to reach its decision.
Final Decision: The court upheld the conviction of appellants Rahisuddin and Alimuddin under section 307 read with section 34 of the IPC for attempt to commit murder. The court acquitted appellants Ali Jaan and Shaukin Ali of the same charges.
G.S. Sistani, J.
1. Present appeal has been filed by the appellants against the judgment dated 11.02.2009 and the order on sentence dated 19.02.2009 passed by the learned Additional Sessions Judge in FIR No. 94/2003, PS Mansarover Park under section 307/34 IPC. The learned trial court has convicted the appellants under section 307 read with section 34 of the Indian Penal Code (hereinafter referred to as “IPC”). Appellant no.1, Rahisuddin; appellant no. 3, Ali Jaan; and, appellant no. 4, Shaukin Ali were sentenced to undergo rigorous imprisonment for a period of six years while appellant no.2, Alimuddin was sentenced to undergo rigorous imprisonment for a period of five years. A fine of Rs.5000/- each was imposed on the appellants and in default of payment of which, the appellants were sentenced to undergo a further simple imprisonment for a period of five months. All the appellants were granted benefit of section 428 of the Code of Criminal Procedure, 1973.
2. Brief facts of the case, as noticed by the learned Additional Sessions Judge in the judgment dated 11.02.2009 are that a case was registered against the appellants herein on a complaint made by the complainant, Shahzad alleging that on 16.03.2003, the complainant PW-1, Shahzad alongwith his maternal uncle PW-3, Yamin Ali had gone to Ashok Nagar to meet his maternal grandfather PW-2, Sh. Shahid Ahmed. At about 9.30 PM, when the complainant and his maternal uncle reached near the M.I.G Flats while returning back to their home, all the accused persons (“appellants”herein) were standing on the road and on seeing the complainant and his maternal uncle, the appellants started abusing and assaulting them. In the meantime, appellant no.2, Alimuddin exhorted appellant no.1, Rahisuddin to finish the complainant Shahzad. Appellant no.2, Alimuddin caught hold of the complainant, Shahzad, while appellant no.4, Shaukin and appellant no.3, Ali Jaan caught hold of PW-3, Yamin. Thereafter appellant No.1 took out a katta like weapon from his trouser and fired upon the complainant, who tried to save himself and the bullet hit him on his left arm. On this, PW-3 Yamin shouted “Bachao Bachao”. All the appellants fled away from the spot. The complainant was taken to GTB Hospital and was admitted there. Charge-sheet was filed. Post-trial, the learned trial court found all the four appellants guilty for the offence punishable under section 307, IPC read with section 34, IPC.
3. The prosecution has examined ten witnesses. Statements of the appellants were recorded under section 313, Cr.P.C. The appellants have also examined themselves under section 315, Cr.P.C in their defence. It will be relevant to reproduce the evidence of the material witnesses. PW-1, Shahzad deposed in his examination-in-chief as under:
“On 16.2.2003 at about 8/8:30 p.m. I had gone to Ashok Nagar at the house of my nana in the relation, namely, Shahid Ahmad and my maternal uncle Yameen Ali was also with me. At about 9/9:30 p.m. I along with Yameen Ali left the house of Shaheed Ahmad and started coming to our house at Chand Bagh. When we came near M.I.G. flats near Ashok Nagar then accused persons met me and they started assaulting as also abusing me. The accused Rahisuddin, who has married to my sister Farzana had divorced her on which a case had been filed against him and which was pending. The accused Rahisuddin told me to withdraw the said case otherwise I would be killed by him. On this, my maternal uncle Yameen had been beaten by the accused Ali Jaan and Shaukeen, present in the court today. I was caught hold of by the accused Alimuddin and was given three/ four slaps by the accused Rahisuddin. Alimuddin had told the accused Rahisuddin to finish me of by killing me so that the story ends at that time. On this the accused Rahisuddin had taken out a katta from the dub of his trouser and had fired upon me from the same. I had tried to save myself at that time and the bullet from the katta fired by the accused R
