NOOR MOHD Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) These appeals were listed for considering the applications for suspension of sentence. However, with consent of counsel for the parties, the appeals were heard finally for disposal.

(2.) The present judgment will dispose of two appeals by Noor Mohd. and Dalip. They were accused of having committed offence punishable under Sections 302/34 IPC, and convicted by the learned ASJ in his judgment dated 13.05.2011 in S.C. No. 58/2008. The appellants were sentenced to undergo life imprisonment and also fined for committing the crime.

(3.) The prosecution allegation was that the police received information about a quarrel at H. No. 35/85, Trilokpuri at about 7.50 PM. ASI Kishan Lal Singh, PW-5 along with Constable Anil, PW-14 rushed to the spot where they found blood splattered all over the place. They were informed that the injured Moinuddin had been taken to Mehraj Nursing Home. When the policemen reached that place, they were informed that Moinuddin had died and that a PCR Van had taken him to LBS Hospital. It later transpired that PW-12 ASI Rajinder Prasad, who was in the PCR had taken the injured to the LBS Hospital. A D.D. entry (Ex. PW-4/A) had been recorded with regard to the quarrel which occurred in the vicinity of Mehraj Nursing Home. PW-5 reached LBS Hospital and collected the Medico-Legal Certificate (MLC) (Ex. PW-15/A), prepared by Dr. Mayank Bansal where the injured Moinuddin (hereafter called "the deceased") was brought dead. The statement of Rahisuddin, PW-3, the brother of the deceased, was recorded, being Ex. PW-3/A.