Kanta Prasad (Presently Confined in Jail) v. The State Gnct of Delhi

judgment.

¶25No order as to costs.

I.S.MEHTA,

(JUDGE)

S.MURALIDHAR, (JUDGE)

NOVEMBER 20, 2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 20th November, 2017 + CRL.A. 1359/2015 KANTA PRASAD (PRESENTLY CONFINED IN JAIL) ..... Appellant Through: Mr. K.Singhal, Advocate versus THE STATE GNCTD OF DELHI ..... Respondent Through: Ms. Radhika Kolluru, APP with SI Naresh Kumar, PS Kamala Market. CORAM: JUSTICE S.MURALIDHAR JUSTICE I.S.MEHTA I.S.Mehta, J (Oral) 1. By way of the captioned appeal filed under Section 374 of the Code of Criminal Procedure, 1973, the appellant seeks to set aside the judgment dated 26th September, 2015 and order on sentence dated 30th September, 2015 passed by the learned Additional Sessions Judge, Tis Hazari Court, in FIR No. 72 of 2010 registered at Police Station Kamla Market under Sections 302/307 IPC and Sections 27/30 of Arms Act, whereby the appellant has been sentenced to undergo life imprisonment along with fine of Rs.10,000/- for the offence punishable under Section 302 IPC, in default of payment of fine, to undergo simple imprisonment for six months and rigorous imprisonment of further seven years and fine of Rs. 5000 for the offence punishable under Section 307 IPC, in default of payment of fine, to undergo further imprisonment for 3 months, further simple imprisonment for six months for offence punishable under Section 30 Arms Act. These sentences have been ordered to run concurrently. Case of the prosecution 2. In the instant case, the FIR No. 72 of 2010 was registered on the basis of the statement given by the complainant/injured i.e. Badri Prasad (PW-27), at LNJP Hospital to Inspector Vikramjeet Singh and SI Brajesh Mishra on 27th June, 2010. The complainant stated that on 27th June, 2010 at around 14:30 pm, the accused i.e. Kanta Prasad, who often used to visit Kotha No. 64 at G.B. Road, Delhi to meet a girl named Radhika (PW-22), had tried to forcibly take another girl named Sarla (PW-25) with him. When Sarla raised alarm and cried for help from the inmates of the Kotha, Badri Prasad (PW-27), the complainant herein tried to intervene and rescue Sarla, which infuriated the accused. The accused ran after Badri Prasad abusing him and also fired upon him and Badri Prasad sustained injury on his left shoulder. At that moment, two other inmates of Kotha named Babu Ram and Nissal @ Rishal (both deceased) came to save Badri Prasad. The accused open fire on all of them and shot Babu Ram at chest and Nissal @ Rishal at stomach. Thereafter, the accused tried to run away from the spot but he was apprehended by other inmates of Kotha and handed over to police. The injured Babu Ram died on the same date of the incident i.e. 27th June, 2010 in the hospital. The other injured Nissal @ Rishal's statement was taken on the same date, who succumbed to his injury and died in hospital on 30th June, 2010. 3. After the completion of investigation, the charge sheet was filed on 20th September, 2010 in the Court of Metropolitan Magistrate, Tis Hazari Courts, Delhi and vide order dated 20th September, 2010 the learned Metropolitan Magistrate took cognizance of offences punishable under Sections 302/307 IPC and Sections 27/30 of Arms Act against the accused- Kanta Prasad. The case was committed to the court of the learned Sessions Judge as the offences punishable under Section 302/307 IPC were exclusively triable by the court of Sessions. 4. Subsequently, the charge for the offences punishable under Sections 302/307 and Sections 27/30 Arms Act were framed against the accused person- Kanta Prasad on 10th November, 2010, to which he pleaded not guilty. 5. Thereafter, the prosecution has examined 33 witnesses and statement u/s 313 Cr.P.C. of the accused Kanta Prasad was recorded on 25th February, 2015, wherein the accused claimed to be innocent and stated that on the date of incident, there were three or four unknown persons at the Kotha No.64, who were creating nuisance in the Kotha. As per the accused, when he tried to stop those 3-4 unknown persons from creating nuisance, those persons quarrell