SUNIL Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) These three appeals are against the judgment and order of the High Court of Delhi (in short "the High Court") dtd. 28/7/2009 passed in Criminal Appeal Nos. 962 of 2004; 977 of 2004; 981 of 2004; 14 of 2005; and 61 of 2005, by which Criminal Appeal Nos. 962 of 2004; 977 of 2004; 981 of 2004; and 61 of 2005, preferred by Sunil (appellant in Criminal Appeal No.688 of 2011), Shri Krishna (appellant in Criminal Appeal No.785 of 2011), Ravinder (appellant in Criminal Appeal No.689 of 2011) and Babu Ram @ Fauji (co-accused), respectively, were dismissed whereas Criminal Appeal No.14 of 2005 of co-accused Vijay was allowed. The net result of the impugned judgment and order is that the order of the trial court (i.e., Court of Additional Sessions Judge, Delhi), dtd. 8/11/2004, in Sessions Trial No.42 of 1999, arising out of FIR No.561 of 1998, P.S. Jahangir Puri, convicting and sentencing Babu Ram @ Fauji, Sunil, Shri Krishan and Ravinder under Ss. 302/307/34 of the Indian Penal Code (in short, "the I.P.C.") has been affirmed whereas conviction of co-accused Vijay has been set aside. It be noted that Babu Ram @ Fauji was also sentenced under Sec. 27 of the Arms Act, which has also been affirmed by the High Court. The sentence awarded to the appellants, namely, Sunil, Shri Krishan and Ravinder, which is impugned in these appeals, is as under:

(2.) This is a case where, on account of indiscriminate firing by Babu Ram @ Fauji (nonappellant) from his licensed single barrel gun, two persons, namely, Anil Kumar and Vijay, suffered gunshot injuries and died; and 26 others received pellet injuries, some of them being grievous in nature.

(3.) Babu Ram, who fired the gun shots from his licensed gun, handed over his gun to the police along with 16 used and 4 live cartridges while setting up a plea of self-defence. The appellants before us and Vijay (who has been acquitted by the High Court) were roped in with the aid of Sec. 34 of the I.P.C. as persons who exhorted Babu Ram to fire gunshots.