New Delhi, Jan 19 (PTI): A Delhi court on Saturday convicted two men for attempted murder and house-breaking after holding them guilty of firing inside a house in Sadar Bazar area in 2014 and observing
that the prosecution had proved the incident despite key witnesses turning hostile.
Additional Sessions Judge Ankur Jain convicted Saeed Bilal and Shahzada Irfan under sections 307 (attempt to murder) and 458 (house-breaking by night) read with 34 (common intention) of the IPC. Bilal was also convicted under Section 27 of the Arms Act for using a firearm without a licence.
The court acquitted Bilal of the charge under Section 25 (illegal possession of arms) of the Arms Act, holding that recovery of the country-made pistol was doubtful as details about it were never disclosed by the complainant and principal witness in his examination. Proceedings against co-accused Nasreen had abated earlier following her death during the trial in March 2022.
According to the prosecution, Bilal, Nasreen and Irfan forcibly entered the complainant Mohammad Wasi's house in Qasab Pura around 2 am on April 20, 2014, and assaulted the occupants, Wasi, Imran and Abeeda.
Bilal fired a shot at the complainant who ducked as a result of which the bullet missed him and struck the wall. Irfan tried to attack Wasi's brother, Imran, with a dagger but he managed to save himself.
All the occupants of the house came outside and started shouting, forcing the accused to run away. An empty cartridge and a bullet mark were later recovered from the site of the incident.
Wasi, Imran and Abeeda, who were attacked and were also the primary eyewitnesses to the attack, turned hostile in the middle of the examination and refused to support the prosecution. The court noted that Wasi and the other witnesses had moved a quashing petition before the high court in the midst of being examined.
"The record clearly suggests that after his (Wasi) examination in chief, the matter was compromised and it is for this reason a quashing petition was filed. There is no clarity whether the petition was withdrawn or was never listed, the witnesses were examined on the next date and they all turned hostile. The courts cannot be taken for a ride and the witnesses cannot be allowed to turn hostile in such a manner," the court said in a judgment dated January 17.
The court relied on Wasi's initial testimony in his examination in chief, corroborated by the recovery of the fired bullet, photographs of the scene and ballistic evidence.
"Law does not require that in order to convict the accused, injuries should have been caused. In the present case, accused Saeed, with the intention to kill the complainant, had fired and Irfan had used the 'chhura' (knife). In order to save himself, the complainant and his brother ducked, the bullet hit the wall and no injury was caused either to the complainant or to the brother. An empty cartridge was recovered and a bullet mark was found on the wall," said the court.
"All these facts clearly show that accused Saeed Bilal and accused Irfan had the intention to kill. The offence u/s 307 IPC is clearly proved and as such accused Saeed Bilal and Irfan are liable to be convicted u/s 307/34 IPC as such," added the court.
The court reasoned out Irfan's conviction under the same offence, as they said, "The very fact that accused Irfan had come armed with 'chhura' in itself shows common intention. Accordingly, accused Irfan is liable to be convicted."
The matter has been listed for arguments on sentencing separately on January 29. PTI MDB KSS
KSS
