VAKEEL Vs. STATE OF DELHI

JUDGEMENT

(1.) BY this common judgment, we dispose of the appeals of all the three Appellants/accused persons, which arise out of the judgment and order of the trial Court dated 12.4.2010 and 15.4.2010.

(2.) THE Appellants/accused persons by the impugned judgment dated 12.4.2010 stand convicted under Section 302/34 of Indian Penal Code, 1860. By the order on sentence, dated 15.4.2010, all the three Appellants have been sentenced to undergo Rigorous Imprisonment for life and also to pay a fine of Rs. 5000/ - each and in default of payment of fine to further undergo RI for another six months each for the offence punishable under Section 302/34 of Indian Penal Code.

(3.) IN the hospital, Mohd. Arshad was found present there, who got recorded his statement. In his statement, he stated that he was living at the address given by him with his maternal grandfather and was studying in 8th standard. He came to Delhi about three days ago. He was roaming along with Mohd. Irfan who lived in their street for the last 2/3 days. On 02.05.2003 at about 7 -7.30 PM, he was present at the corner of the Gali No. 10 at the shop of Akhtar where he was playing video games and after completing the game he as well as deceased Mohd. Irfan sat on the boundary wall of the drain in front of the shop. Meanwhile accused Vakeel came there along with two other accused persons and accused Vakeel asked them not to sit there and not stare in the opposite direction towards left side where houses are situated and further told them that his girl friend was living in one of the house. Accused Vakeel further threatened them that if they looked towards those houses, he would kill them. He further stated that accused Vakeel started abusing them and when they asked the accused Vakeel and his associates for not doing so, accused Vakeel and his associates went away by saying that "agar asal ke ho to yahi baithe rahna, abhi aakar tumhe maja chakhate hai". Mohd. Arshad and the deceased Mohd. Irfan kept sitting on the wall of the drain. After about 10 minutes, Vakeel returned along with both of his associates and said "Tum bahut ban rahe ho" and now he will kill both of them. Mohd. Vakeel and his associates dragged Mohd. Irfan towards the corner of the gali. Accused Vakeel took out a knife from his pant and both the other accused persons caught hold his hands and when he tried to save him, they threatened him to get aside otherwise they would also kill him. Accused Vakeel gave several knife blows on the chest, face and other parts of the body of Mohd. Irfan. After receiving injuries, Mohd. Irfan fell down, when he raised noise all the three accused persons ran away from there. He picked up Mohd. Irfan but he fell down after taking few steps. In the meanwhile, Mohd. Shafik who is the neighbor of Irfan also reached there and they took him to GTB Hospital where he was declared brought dead. Further he stated that he can identify all the three Appellants/accused persons on seeing them. On the statement of Mohd. Arshad, SI Amul Tyagi made his endorsement and sent tehrir to the P.S. for registration of the case through Ct. Satpal and got registered a case under Section 302/34 of Indian Penal Code. Crime team also reached at the spot. Further investigation was handed over to Inspector Sumer Singh. During the investigation, Inspector Sumer Singh prepared the site plan and inspected the spot. Crime team also inspected the spot and took photographs of the scene of crime. Earth control and blood stained earth were taken into possession by keeping the same in two separate vials which were sealed with the seal of SS and were taken into possession by preparing seizure memo. Statements of the witnesses were recorded by Inspector Sumer Singh. Post mortem on the body of the deceased was got conducted. After the post mortem, the dead body was handed over to his relatives for cremation. Doctor handed over clothes of the deceased and one gouge piece to IO which was taken into possession by the I.O.