Delhi court convicts man in 2015 attempt to murder case, says intent to kill proved

New Delhi, Jul 6 (PTI) A Delhi court has convicted a man in a 2015 attempt to murder case in which an Ayurvedic doctor was shot near the old Shahdara police station while returning home on his motorcycle. Additional Sessions Judge Harvinder Singh was hearing a case against Salman alias Daant Toota who was accused under IPC Sections 307 (attempt to murder) and Section 174A for absconding after the offence and being declared a proclaimed offender. In an order dated July 2, the court said it was of the opinion that the complainant's deposition about the accused riding the motorcycle on which accused Abdul Wazir alias Sikandar was travelling as a pillion rider and he firing upon complainant Dr Afaq Hussain Ansari's waist area needs to be accepted and the contentions of the defence need to be rejected. According to the prosecution, the incident took place on the night of February 11, 2015, when Ansari was returning home after picking up dinner from a dhaba. Two men on a motorcycle came alongside him and the pillion rider fired at him from close range. The bullet struck the left side of Ansari's hip and the assailants fled. The doctor immediately rode to a nearby police picket near Shyam Lal College and informed policemen, who shifted him to a hospital. During the trial, Ansari testified that he had been pursuing a separate murder case related to the killing of his brother-in-law and that the attack was intended to stop him from pursuing that case. He also told the court that the bullet remains lodged in his body because doctors feared that removing it could damage nerves and lead to paralysis of his left leg. The court relied heavily on the testimony of the injured witness, medical records and identification proceedings. Ansari identified co-accused Abdul Wazir alias Sikandar, who later died, as the shooter and Salman as the rider of the motorcycle during test identification proceedings. Rejecting the defence argument that Salman had been falsely implicated due to previous enmity with the deceased co-accused, the court held that there was no plausible reason for the injured witness to falsely identify Salman while sparing the real culprit. The judge also observed that the absence of recovery of the weapon or empty cartridges from the spot did not negate the prosecution's case, particularly when medical evidence established a firearm injury. Holding that firing a gun at close range at the complainant's body showed an intention to kill, the court concluded that the ingredients of attempt to murder were proved beyond a reasonable doubt. The court further held Salman guilty under Section 174A IPC, noting that he had absconded after the incident and was declared a proclaimed offender by a Delhi court in June 2015. It then listed the matter for hearing arguments on the quantum of sentence for a later date. PTI SKM SKM KSS KSS