MUSTAKEEM Vs. STATE (GOVT OF NCT DELHI)

JUDGEMENT

(1.) By this common Judgment, we dispose of the above mentioned two appeals which have been filed against the Judgment of conviction dated 16.02.2018 and order on sentence dated 27.02.2018 passed by the Addl. Sessions Judge-03, (East), Karkardooma Courts, Delhi vide which appellant Mustakeem @ Bhura has been convicted U/s 302 IPC and 25 Arms Act and both the said appellants have been convicted for the commission of offence U/s 392/34 IPC, and U/s 411 IPC individually.

(2.) Appellant Mustakeem @ Bhura has been sentenced for life imprisonment and fine of Rs. 10,000/- for the offence U/s 302 IPC and in default of payment of fine, simple imprisonment for one month. He has also been sentenced for rigorous imprisonment for a period of 5 years and fine of Rs. 10,000/- for the offence U/s 25 Arms Act 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 5 years each and fine of Rs. 10,000/- each for the offence U/s 392/34 IPC and, in default of payment of fine, simple imprisonment for 6 months each. They have also been sentenced to rigorous imprisonment for a period of 2 years each and fine of Rs. 50,000/- each for the offence U/s 411 IPC and, in default of payment of fine, simple imprisonment for 3 months each.

(3.) Briefly stated, the facts of the case are that on 06.03.2011 DD No. 33-A was recorded at 20:21 hours at P.S. Shakarpur, Delhi that someone has been shot. Thereafter, another DD No. 36-A was recorded at 20:25 hours stating that in front of 13, Mangal Bazar, Main Road, one person has been murdered. DD No. 36-A was assigned to Sub Inspector Pradeep, who alongwith Ct. Pawan reached at the spot, where they found one red colour pulsar motorcycle bearing registration No. DL-5SZ-841, a helmet of black colour, two empty cartridge cases and one broken button. Blood was also seen lying at the spot and many public persons had gathered there. Public persons revealed that injured has been removed to Dr. Hedgewar Hospital, Delhi by the PCR.