SUNIL DUTTA & ORS Vs. STATE

JUDGEMENT

(1.) The appellants impugn the judgment and order of the learned Additional Sessions Judge dated 21 st December, 2010 in S.C. No. 33/2010. The Appellants were convicted for committing offence punishable under Section 302/34 IPC and were sentenced to undergo life imprisonment with fine of 2000/- and in default to undergo rigorous imprisonment for one month.

(2.) The prosecution case is that on the night intervening 21-22 nd November, 2007, information was received at P.S. Patel Nagar regarding a quarrel going on at Gurudwara Singh Sabha at T-251, Baljeet Nagar, Delhi. The said information was recorded vide DD No. 5A and assigned to ASI Ranbir Singh for necessary action. On the same night at 1.30 AM, information was received from DDU Hospital that an unknown person had been admitted in injured condition by PCR, after being lifted from in front of Gurudwara Singh Sabha, Patel Nagar. The information was also recorded by DD no. 9A and copy of the same was also sent to ASI Ranbir Singh. He first visited the spot and then to DDU Hospital and obtained his MLC which disclosed that the injured was unfit for statement. He again visited the spot and recorded the statement of Mahender Singh Ex. PW5/B1, an eye witness and on the basis of that statement, the case bearing FIR No. 628/2007 was registered at P.S. Patel Nagar.

(3.) The statement made by Shri Mahender Singh Ex. PW5/B1 disclosed that on the night of 22 nd November, 2007, at about 12.15 AM, on hearing some noise, he came in the gallery and saw 4-5 members of Dutta family present downstairs and trying to ascertain the whereabouts of Babloo saying that he would not be spared on that day. They went to the Granthi of the Gurudwara and asked him to open the door. Then the Granthi went downstairs to enquire into the matter. After he went downstairs, the Dutta family kicked the door and entered, uttering that Babloo was inside. He heard the sounds of quarrel, beating and cries from inside the Gurudwara and after sometime, saw the three Appellants pulling Babloo by the hair and hands, and dragging him out of the Gurudwara. After throwing Babloo in front of the gate of Gurudwara on to the road, they started beating Babloo with bricks, stones and danda. When he tried to intervene, he was also abused and kicked. Thereafter, they telephoned uttering the words humne sardar ko lita diya vaa maar diya, use utha le jaao . Thereafter, the members of Dutta family left the spot.