FURKAN@FAIZAN vs STATE

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 03.09.2025 Pronounced on : 04.09.2025 + CRL.A. 410/2022 FURKAN@FAIZAN .....Appellant Through: Mr. Priyal Bhardwaj and Mr. Chetan Bhardwaj, Advocates. versus STATE .....Respondent Through: Mr Pradeep Gahalot, APP for State with SI Ashish Panwar PS Ghazipur, Delhi. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present appeal has been instituted under Section 374(2) Cr.P.C. whereby the appellant seeks setting aside of the judgment of conviction dated 27.04.2022 and order on sentence dated 04.07.2022 passed in Sessions Case No. 2187/2016 arising out of FIR No. 958/2015 registered under Sections 393/397/34 IPC and Sections 25/27 Arms Act at P.S. Ghazipur, Delhi. 2. The incident came to light on 11.10.2015 at 16:37 hours, when a PCR call was received. It was recorded therein that, in front of EDM Mall, Anand Vihar – "Pulsar 220 Yellow colour ki bike per 2 ladke Jo TSR Jisne Family per Goli Chalai Hai Injured Ka Namalum Bike Wale Gaziabad Ki Taraf Bhage Hai.” The said information was recorded vide DD No. 27-A and the Signature Not Verified Digitally Signed CRL.A. 410/2022 Pg. 1 of 5 By:GAUTAM ASWAL Signing Date:04.09.2025 17:51:05 same was assigned to SI Kiran Pal/PW-19, who, along with HC Sachin Singh/PW-13 reached the spot and found an empty shell/cartridge lying on the spot. As the injured had been taken to LBS Hospital, the aforesaid police officials reached the said hospital and recorded the statement of the complainant/Vivek Singh, as well as collected the MLC of the minor, Ms. ‘M’, who was being treated. 3. The prosecution examined as many as 22 witnesses, with the primary ones being the complainant/Vivek Singh, examined as PW-4; his mother, Smt. Manju, as PW-5; his minor brother, ‘P’, as PW-7A; and