MOHSIN Vs. STATE

JUDGEMENT

(1.) THE appellants Mobin and Moin impugn a judgment and order of Learned Ms. Mamta Tayal, Additional Sessions Judge, Dwarka Court, Delhi, dated 21.02.2010 in SC No. 64/ 2009, by which they were convicted of the offence punishable under Sections 302/34 IPC. They were sentenced to undergo life imprisonment and fined a sum of Rs.10,000 each. In default of payment of fine the convicts would further undergo simple imprisonment for 6 months each. For the offence under Section 323/34 IPC, they were further sentenced to undergo simple imprisonment for three months each. Mohsin impugns an earlier judgment dated 02-1-2002, in the same Sessions case, by which he was convicted for the same offences, in respect of the same incident. It may be noticed that the prosecution took the matter to trial in two stages. Accused Moin and Mobin could not be arrested, and were declared proclaimed offenders. Charges were framed against the other accused, Ruksana, Mohsin, and Bashir. Yasin, being a juvenile, was referred to the Juvenile Justice Board. By judgment and order dated 4-1-2002, Ruksana and Bashir were acquitted of the charges of having committed the offence under Sections 302 IPC; they were convicted for the offences under Sections 323/34 IPC and given probation. Mohsin was however, convicted for the offence punishable under Section 302/34 IPC. Later, after arrest of the other accused, Moin and Mobin, they were sent to trial. The learned Additional Sessions Judge, by another judgment dated 20-01-2010, convicted them of the offences under Sections 302/323/34 IPC and sentenced them inter alia, to undergo life imprisonment, besides other prison terms and fine.

(2.) THE Prosecutions story is that one Amir Ahmed used to reside in H. No. 109, Pocket- 8, Durga Park, Dabri, New Delhi, and his son Naeem used to reside at H. No. 120, in the same locality. One Lukman was a tenant in Naeems House. Mobin, Moin, Mohsin, Rukshana, and Bashir (the accused) were also residents of the same colony. In the past, (before the incident) Anwar, the brother- in- law of Mobin and Moin had been arrested in the case of rape of the daughter of Panditji, a neighbour of Amir Ahmed. The accused and the family had requested Amir Ahmed to get the matter compromised, but he had refused, and this had led to animosity between the two families and the accused used to frequently threaten Amir Ahmeds family.

(3.) THE police were informed and the injured were taken to the hospital, where Amir Ahmed was declared brought dead. Rukshana, Mohsin, Bashir and Yasin were arrested immediately and sent for trial. Rukshana, Mohsin and Bashir were convicted under Section 323/34. A separate trial was initiated against the Juvenile Yasin and he was acquitted by the juvenile board.