Ashutosh Kumar JUDGMENT
Ashutosh Kumar, J.
1. Roop Kishore @ Bobby, the appellant has been convicted under Section 307/34 and 506 IPC and has been sentenced to undergo RI for five years, to pay a fine of Rs. 20,000/- and in default of payment of fine to undergo SI for two months for the offence under Section 307/34 IPC and SI for a period of one year, fine of Rs. 5000/- and in default of payment of fine to undergo SI for a period of 15 days for the offence under Section 506 IPC; the sentences having been ordered to run concurrently by judgment and order dated 15.10.2015/19.10.2015 respectively passed by the learned ASJ/Special Judge, NDPS, Rohini Courts, Delhi in SC No. 72/14 arising out of FIR No. 64/2008 (P.S. Sultanpuri).
2. The appellant has been charged under Section 307/34 of the IPC for having caused gunshot injury to one Vipin (PW-2) by a country made pistol which hit him in his stomach and for assaulting Amit (PW-3) who had come to the rescue of Vipin (PW-2), for the offence under Section 323/34 IPC. For criminally intimidating PW-2, the appellant was also charged under Section 506 of the IPC.
3. On behalf of the prosecution, 14 witnesses have been examined to support the prosecution version.
4. Vipin @ Rinku (PW-2) who is the victim in this case has deposed that about 2/3 months prior to 31.01.2008 he had an argument with the appellant when the appellant had threatened to kill him. This incident was narrated by PW-2 to his cousin Amit (PW-3). Again on 31.01.2008, the appellant had threatened (PW-2) in the park falling in Sector 23, Rohini. This incident also was narrated to PW-3 who had assured that he would speak about the same to the appellant. On the next day i.e. on 01.02.2008, at about 10.30 AM while PW-2 and PW-3 were going to Budh Vihar market, the appellant along with his two associates came near them. The appellant is then said to have fired a shot from his country made weapon which hit him in his stomach. One of the associates of the appellant hit him by a knife which led to severe bleeding. When Amit (PW-3) came to his rescue, the miscreants including the appellant fled away. PW-3 took him to one Brahm Shakti hospital whereafter he was taken to Jaipur Golden hospital. He has specifically stated that the police had come to Brahm Shakti hospital and Jaipur Golden hospital also. His statement was recorded in Jaipur Golden hospital.
5. PW-2 has identified the country made pistol and claimed the same to be similar to the one which was seen by him at the time of the occurrence. PW-2 also stated that it was during the game of cricket on 31.01.2008 that he was threatened by the appellant.
6. Amit (PW-3) has confirmed the statement of PW-2 on the manner of assault. He has testified to the fact that initially dispute between PW-2 and the appellant was settled but again on 31.01.2008 there was some verbal quarrel whereafter the occurrence took place on 01.02.2008 at about 10-11 AM. He also claims to have been assaulted at the hands of the accused persons.
7. Thus, from the deposition of the aforesaid two witnesses, the time and manner of occurrence stands established.
8. The prosecution case is further lent support by the stateme........