A Rohini District Court of Delhi has recently discharged a gangster and 4 other accused in connection with an attempt to murder case, noting that the intention of the assailants wasn’t fatal but to threaten the complainant.
The matter pertains to the firing incident at the office of the builder-property dealer’s office in Shalimar Bagh.
Jailed gangster Harsimran alias Badal is facing trial under the Maharashtra Control of Organised Crime Act (MCOCA).
Additional Sessions Judge (ASJ) of Rohini Court Babru Bhan discharged Harsimran alias Badal and 4 other accused persons from the offense of attempt to murder under section 307 IPC.
Therefore, the court stated, “From the statement of the complainant and the subsequent conduct of the assailants that they fled away after firing a single shot, it appears that they had no fatal intention. Apparently, the purpose of the entire incident was to threaten the complainant”.
While considering the opinion of the court, the act of firing the bullet shot would, at the most, invite the offense under section 336 IPC only. The offense came under section 307 which isn’t made out from the facts alleged.
Advocates Deepak Sharma and Ankit Tyagi argued before the court that the accused Harsimran alias Badal deserves to be discharged under section 307 as there is no evidence to connect him with the assailants.
His name wasn’t mentioned in 3 statements recorded by the police.
As per the prosecution, the complainant Rishab Grover alleged in his complaint that on October 20, 2018, when he was present in his office, he heard a loud sound that shattered the glass of the entrance gate of his office.
Then he came out with his driver and saw that a country-made pistol was lying under a tree. Further, he alleged that he was informed by the public persons present there that 2 motorcycle riders fired a bullet shot toward his office.
The court observed, “Relevant it would be to note that the complainant or his driver have nowhere claimed that anyone had fired the shot targeting towards them.
The judge observed that “The subsequent conduct of the assailants also indicates that the purpose of firing the shot was not to achieve any fatal consequences.”
Further, the Judge also pointed out, “Had there been any such fatal intention, nothing could have prevented the assailants to enter the shop of the complainant and to fire more shots to achieve the desired consequences or at least to verify whether the bullet had hit anyone or not. To the contrary, as alleged, both the assailants fled away from the spot.”
An FIR was registered at the police station Shalimar Bagh. The police party noticed that the glass entrance gate of the shop was shattered and 2 pieces of fired bullets were lying there. One country-made pistol was lying under a tree outside the above.
Further, the complainant stated that he had some altercations with Kunal and Himanshu on September 12, 2018, and the attack was probably carried out at their instance. After the investigation, police filed the charge sheet concluding that Himanshu and Kunal conspired to settle the score with the complainant.
In pursuant to the conspiracy, accused Aiman & Ashish carried out the attack on the instruction of accused Harsimran Badal.
All 5 persons had been charge-sheeted for the offense under sections 307, 336, 120B, and 34 of the IPC and sections 25 and 27 Arms Act.
