MOHD YUNUS Vs. STATE DELHI

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 15.03.1997 delivered by the learned Additional Sessions Judge, Shahdara in Sessions Case No.79/1996 arising out of FIR No.741/1991 under Sections 302/34 IPC registered at Police Station Trilokpuri, whereby the present appellant Mohd. Yunus and the co accused Bobby Khanna (since deceased) were held guilty of having committed an offence punishable under Sections 302/34 IPC. The appeal is also directed against the order on sentence passed by the learned Additional Sessions Judge on the same date, that is, on 15.03.1997, whereby both the accused, namely, Bobby Khanna (since deceased) and Mohd. Yunus (the present appellant) were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs 500/- each and, in default whereof, to further undergo rigorous imprisonment for one month each.

(2.) IT is relevant to note that both Bobby Khanna (since deceased) and the present appellant (Mohd Yunus) were faced with the following charge:- That on 17/12/91 at about 9.15 PM, in House No.D-86, Ganesh Nagar Complex, Pandav Nagar, within the jurisdiction of Police Station Trilokpuri, in furtherance of common intention of you both, committed the murder of Chanda, by causing her death and thereby committed an offence punishable U/s 302/34 IPC and within my cognizance. That on 17.12.1991 at about 9.15 p.m. in House No.D-86, Ganesh Nagar, Pandav Nagar within the jurisdiction of P.S. Trilokpuri, you both in furtherance of your common intention committed rape on the person of deceased Chanda and, thereby you both committed an offence punishable U/s 376/34 IPC and within my cognizance.

(3.) ACCORDING to him, her Salwar and Shirt were torn and blood stained. Her brazier was also lying torn in the said room. One underwear of a male was also found lying in the room. As per the statement, Chanda was unconscious at that time and that both the persons, after seeing him, tried to run away from the stairs. ACCORDING to him, one person, namely, Mohd. Yunus (the present appellant) tried to flee from the roof top of the house and, in doing so, he jumped and fell down and was thereafter apprehended with the help of the public. As per the said statement, the other person also tried to run away using the stairs, but he fell down. Thereafter, PW-6 (Shamshuddin), as stated in the complaint, opened the door of Chandas room and his wife Naseem came inside the room and put clothes on the person of Chanda. ACCORDING to him, Chanda was not dead at that point of time. The police is said to have arrived at the spot and they removed the injured Chanda as well as both the accused persons to the hospital.