Recently, Delhi's Rohini District Court has discharged a gangster and four other accused in connection with an 'attempt to murder' case, noting that the intention of the assailants was not fatal but only to threaten the complainant. The matter pertains to the firing incident at the office of the builder-property dealer's office in Delhi's Shalimar Bagh.
Jailed gangster Harsimran alias 'Badal' is facing trial under the Maharashtra Control of Organised Crime Act (MCOCA).
Additional Sessions Judge (ASJ) Babru Bhan discharged Harsimran alias 'Badal' and four other accused persons from the offence of 'attempt to murder' under section 307 of the Indian Penal Code.
"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."
Considering the opinion of this court, the act of firing the bullet shot would, at the most, invite the offence under the section 336 IPC only. The offence under section 307 is not made out from the facts alleged. Remaining offences are triable by Magistrate, the judge said in an order passed on March 29.
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 was not mentioned in three statements recorded by the police.
As per the prosecution, the complainant Rishab Grover had alleged in his complaint that on October 20, 2018, when he was present in his office, he heard a loud sound which shattered the glass of the entrance gate of his office.
He came out with his driver and saw that a country-made pistol was lying under a tree. He was informed by the public persons present there that two motorcycle riders had fired a bullet shot towards his office, he alleged.
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 subsequent conduct of the assailants also indicates that the purpose of firing the shot was not to achieve any fatal consequences," the judge observed.
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 two pieces of fired bullets were lying there. One country-made pistol was lying under a tree outside the above-said office.
The Complainant further 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 had conspired to settle the score with the complainant. In pursuant to the conspiracy, accused Aiman and Ashish carried out the attack on the instruction of accused Harsimran Badal.
All five persons had been chargesheeted for the offence under sections 307, 336, 120B, 34 of the IPC and sections 25 and 27 Arms Act.
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