BRIJESH MAVI Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) These appeals are directed against the common judgment and order dated 10.08.2009 passed by the High Court of Delhi whereby the conviction of the appellant under Sections 302 and 460 read with Section 34 of the IPC as well as under Section 25 of the Arms Act has been affirmed. The appellant has been sentenced to undergo rigorous imprisonment for life for the offence under Section 302 read with Section 34 IPC whereas for the offence under Section 460 read with Section 34 IPC sentence of seven years rigorous imprisonment has been imposed. Insofar as the offence under the Arms Act is concerned, the accused-appellant has been sentenced to undergo rigorous imprisonment for one year. All the sentences have been directed to run concurrently.

(2.) The short case of the prosecution is that on 06.06.2001, H.C. Brij Pal (PW 11), who was posted in the PCR, received an information at about 10.35 PM that firing is taking place at Savitri Nagar near a sweet shop. Accordingly, PW 11 alongwith other police personnel reached the said place and saw that a crowd had gathered near a STD booth where blood was splattered and some articles were lying scattered in broken condition. The STD booth belonged to one Omiyo Das Of Malik Communications, who having been injured in the firing had already been removed to the hospital.

(3.) The further case of the prosecution is that on the next day, i.e. on 07.06.2001, PW 9 Dr. T.Milo had conducted the post mortem on the body of the deceased in the course of which nine ante-mortem bullet injuries were noted and four bullets had been extracted from the body which along with one cotton underwear; one cotton baniyan, one long pant was handed over to the Investigating Officer, PW 24- SI- Sudhir Sharma. The cause of death was stated to be coma due to head injuries caused by a firearm.