MUKESH SINGH Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) This appeal, by special leave, is at the instance of a convict accused and is directed against the judgment and order dtd. 28/2/2014 passed by the High Court of Delhi in Criminal Appeal No. 1246 of 2011 by which the High Court dismissed the appeal and thereby affirmed the judgment and order of conviction dtd. 8/4/2011 and the order on sentence of life imprisonment dtd. 27/4/2011 resply passed by the Additional Sessions Judge-II (North West), Rohini, Delhi in the Sessions Case No. 998 of 2009 holding the appellant convict herein guilty for the offences punishable under Ss. 302, 392, 394 and 397 resply read with Sec. 34 of the Indian Penal Code (for short, 'IPC').

(2.) The appellant convict along with three other coaccused was put to trial in the Court of the Additional Sessions Judge-II (North West), Rohini, Delhi for the offences punishable under Ss. 392, 394, 397, 307, 302, 411 read with Sec. 34 of the IPC. On 16/8/2008 at about 3.30 in the early morning the PW-1, namely, Sushil Kumar (original first informant and injured eye witness) along with his friend Pappu (deceased) and his brother Pradeep Kumar, PW-4 were at the Azadpur Subzimandi. They were at the Azadpur Subzimandi for the purpose of purchasing vegetables. After purchasing vegetables from the D Block corner of the Azadpur Subzimandi, they proceeded towards the main gate. When the PW 1 and his friend Pappu reached near the STD PCO at the D Block corner, they were cornered by the four accused persons who were put to trial. These four accused persons, according to the case of the prosecution, included the appellant herein also. Two of the accused persons snatched away Rs.14,800.00 from the pocket of the PW 1. The two accused persons who snatched away the money from the pocket of the PW 1 were Sharwan Kumar and Pawan Kumar respectively. When the PW 1 resisted, the other two accused persons armed with ice picks attacked him and his friend Pappu. The appellant convict and co-accused Vijay alias Kalia are alleged to have caused injuries with their respective ice picks on the body of the PW 1 as well as his friend Pappu (deceased). After robbing and in the process of causing injuries, all the four accused ran away from the place of occurrence. When the traffic of trucks at the market got eased, the PW-1 saw Pappu (deceased) lying in an injured condition. Both received help from the PCR officials and were taken to the BJRM hospital. Pappu ultimately succumbed to the injuries he suffered and died at the hospital. The PW 1 was also admitted in the hospital.

(3.) The PW 1 lodged the First Information Report (FIR) No. 186 of 2008 on 16/8/2008 in connection with the incident as narrated above. The FIR No. 186 of 2008 dtd. 16/8/2008 reads thus:-