Additional Sessions Judge J R Aryan sentenced North East Delhi resident Faizal after holding him guilty of attempt to murder for getting shot the eatery owner through his minor brother.
While eatery owner Rahisuddin survived the attack, Faizal's minor brother, who had been referred to a Juvenile Justice Board for adjudication of the case against him, had died subsequently.
The judge convicted Faizal for the offence of attempt to murder saying both brothers had acted together with a common intention.
"It is a fact that the fire arm injury was caused by brother of accused and conviction of the accused Faizal has been held with the aid of section 34 (common intention) of the IPC. Accused is a young boy.
"In the given facts and circumstances, a sentence of rigorous imprisonment for three years with a fine of Rs 5,000, is awarded to accused Faizal for offence under section 307 (attempt to murder) read with section 34 IPC," the judge said.
The prosecution case dated back to November 23, 2008, when Faizal along with his minor brother and one of their friends had their dinner at the eatery and picked up a dispute with victim Rahisuddin over their dinner bill.
The trio left the eatery, threatening Rahisuddin with dire consequences. They returned shortly with a gun and Faizal instigated his minor brother to shoot Rahisuddin, the prosecution had said.
According to Rahisuddin's complaint, on the instigation of Faizal and his friend, the minor boy had opened fire at him, injuring him.
