ISLAMUDDIN Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) These four appeals are directed against the impugned judgment dated 22nd December 2009 in terms of which the appellants herein have been convicted for the offences punishable under Section 307 IPC read with Section 34 IPC and Section 395 IPC as also against the consequent order on sentence dated 24th December 2009. Each appellant, for the offence under Section 395 IPC has been sentenced to undergo rigorous imprisonment for a period of 10 years and also to pay a fine of 500/-, in default of payment of fine, to undergo SI for a period of two months respectively and for the offence under Section 307/34 IPC, they have also been sentenced to undergo RI for the period of 10 years each and also to pay fine of 250/- each, in default of payment of fine to undergo SI for the period of two months.

(2.) Briefly stated, facts giving rise to these appeals are that on 25th February 2005 at about 2:05 a.m., DD No.6A(Ex.PW15/A) was recorded at P.S. Sarojini Nagar on the basis of information received about an incident at Bhikaji Cama Place flyover. Copy of the DD report was entrusted to ASI Ishwar Dutt (PW15) for verification. He along with Constable Robert (PW9) on the receipt of DD report went to the place of incident near Hyatt Hotel Flyover at Africa Avenue Road. There he met ASI Hanuman Singh (PW6) of P.S. Sarojini Nagar. ASI Hanuman Singh handed over to him one packet duly sealed with the seal of AIIMS, besides the MLCs of injured Sumit Gupta, PW3 and injured Raj Kumar, PW8. No eye witness was available at the place of occurrence. Both the injured persons were declared unfit for statement by the treating doctors. ASI Ishwar Dutt appended his endorsement on the copy of DD report and sent it to the police station for the registration of the case. He also visited Safdarjung Hospital and collected sealed packet of clothes of injured Raj Kumar from the treating doctor. Blood sample was lifted from the spot of occurrence and sealed in a separate packet. The sealed packets of the clothes of injured as well as blood sample along with sample seals were deposited in the police malkhana on the same day.

(3.) On 26th February 2005, injured Sumit Gupta (PW3) was declared fit for statement. ASI Ishwar Dutt recorded his statement under Section 161 Cr.P.C. wherein he disclosed that on 24th February 2005, he came to Bhikaji Cama Place in a bus where he was to meet his friend Surender. After alighting at the bus stand Bhikaji Cama Place, he proceeded towards the flyover. At around 11.00 p.m., when he reached near Hyatt flyover, Africa Avenue Road, he was waylaid by 5-6 boys who asked him to give his valuables to them. One of them inflicted a knife injury on his back. He resisted their attempt to rob him and managed to snatch the knife from the assailant. On this, those boys grappled with him and the knife fell down from his hand. One of the robbers picked up the knife and stabbed him in his back as well as abdomen while other boys physically restrained him. Even then, he did not give up and again tried to snatch the knife from the said boy. In that scuffle, aforesaid boy sustained injury on the finger of his right hand. He further claimed that those robbers forcibly took his mobile phone make Nokia bearing No.9868129314, a silver chain and 850. When he raised alarm, one person (later identified as Raj Kumar) came to rescue him and those robbers also stabbed him with the knife. Statement of the injured Raj Kumar was also recorded during investigation.