CRL.A. 1225/2012 Page 1 of 8

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IN THE HIGH COURT OF DELHI AT NEW DELHI

RESERVED ON : 14^th FEBRUARY, 2014

DECIDED ON : 24^th FEBRUARY, 2014

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CRL.A. 1225/2012

FAISAL

..... Appellant

Through :

Mr.Sunil Kapoor, Advocate.

VERSUS

STATE

..... Respondent

Through :

Mr.M.N.Dudeja, APP.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

S.P.GARG, J.

1.

Faisal (the appellant), Mohd. Abid @ Kadir and Atif were

arrested by the police of PS Seelampur in case FIR No. 474/2008 and sent

for trial alleging that on 23.11.2008 at about 09.30 P.M. at shop no. C-

47/6, gali no. 11, Matkewali Gali, Chauhan Bangar, Delhi, they in

furtherance of common intention inflicted injuries to Rahisuddin by firing

at him in an attempt to murder him. Atif faced trial before Juvenile Justice

Board. Mohd.Abid @ Kadir expired during trial and proceedings against

him were dropped as abated. The Investigating Officer lodged First

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CRL.A. 1225/2012 Page 2 of 8

Information Report after recording Waheed‟s statement (Ex.PW-6/A).

MLC of the victim was collected and the injuries were opined as

„grievous‟. After completion of investigation, a charge-sheet was filed and

the prosecution examined twelve witnesses. The trial resulted in

conviction of the appellant for committing offence under Section 307 IPC

and by an order on sentence dated 30.08.2012, he was awarded RI for

three years with fine ` 5,000/-. Being aggrieved and dissatisfied, he has

preferred the appeal.

2.

I have heard the learned counsel for the parties and have

examined the file. The occurrence took place at around 09.30 P.M. Daily

Diary (DD) No. 24A (Ex.PW-9/A) was recorded soon thereafter at PS

Seelampur on getting information from PCR about an individual to have

been fired at. The police machinery came into motion; the Investigating

Officer went to the spot with Const. Bitu Singh and came to know that the

injured had already been taken to GTB hospital. The Investigating Officer

recorded statement of Waheed (Ex. PW-6/A) who claimed to have

witnessed the occurrence. He implicated the accused persons for inflicting

injuries to his brother Rahisuddin. He also gave vivid description as to

how and under what circumstances, the occurrence took place when his

brother Rahisuddin demanded payment from the accused persons for the

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CRL.A. 1225/2012 Page 3 of 8

food consumed by them. Since the First Information Report was lodged in

promptitude without any delay and specific role was attributed to each of

the assailants, there was least possibility of the complainant to fabricate a

false story. In his Court statement as PW-6 (Waheed) did not deviate from

the earlier version given to the police in the statement (Ex.PW-6/A) and

proved it in its entirety. He deposed that on 23.11.2008, he and his brother

Rahisuddin were present in the hotel. All the three accused persons came

to take dinner. When they demanded payment for the dinner, the accused

persons challenged them as to how they had dared to demand money from

them. They left without making payment extending threats to his brother.

After 5 or 7 minutes, they all came back to the hotel and started abusing

while standing outside. When his brother objected, Abid and Faisal (the

appellant) exhorted Atif to take out pistol and fire at him. Atif took out a

katta and fired at his brother on abdomen and they fled the spot. He took

his brother to GTB hospital where his statement (Ex.PW-6/A) was

recorded. In the cross-examination, he stated that his statement was

recorded only once in the police station on the same night. He explained

that one Shehnawaz had