SONU @ HEMRAJ Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) By this common Judgment, we shall dispose of the above mentioned two appeals which have been filed against the Judgment dated 01.10.2019 and order on sentence dated 23.12.2019 passed by the Addl. Sessions Judge-03, South-East District, Saket Court, New Delhi vide which both the said appellants have been convicted for the commission of offence U/s 302/394/397/34 IPC and appellant Mukesh @ Haddi has also been convicted for the offence U/s 25 Arms Act and both the said appellants have been sentenced for life imprisonment and fine of Rs. 10,000/- each for the offence U/s 302 IPC and in default of payment of fine, simple imprisonment for one month. Further both the appellants have been sentenced to rigorous imprisonment for a period of 8 years and fine of Rs. 10,000/- each for the offence U/s 394 IPC and in default of payment of fine, simple imprisonment for one month. Further both the appellants have been sentenced to rigorous imprisonment for a period of 10 years for the offence U/s 397 IPC. Appellant Mukesh @ Haddi has also been sentenced to rigorous imprisonment for a period of 3 years and fine of Rs. 5000/- for the offence U/s 25 Arms Act and in default of payment of fine, simple imprisonment for 15 days. All the sentences have been directed to run concurrently.

(2.) In brief, the facts of the case are that on 28/29-11-2010, DD No. 62-B regarding stabbing of a boy near Government School, C-Block, Sangam Vihar was received as PS Sangam Vihar which was marked to SI Bharat Singh. IO along with other police staff reached in front of C-73, Sewa Sadan, C-Block, Sangam Vihar, New Delhi where SI Bharat Singh along with Ct. Vijay Narayan met him.

(3.) IO was informed that injured had already been shifted to hospital. IO went to AIIMS Trauma Centre. The injured was declared brought dead by the doctor. IO collected MLC of deceased and thereafter, IO came back to the spot. IO made endorsement on DD No. 62-B for registration of FIR and same was handed over to Ct. Vijay Narayan for registration of FIR. On the basis of rukka present FIR was registered.