CHAND MOHAMMED @ ANISH AHMED Vs. STATE

JUDGEMENT

(1.) The present appeal is filed against judgment dated 11.09.2007 passed in Sessions Case No. 16/2006 by the learned Addl Sessions Judge-I, North-East/Karkardooma Courts, Delhi arising out of FIR No. 129/2004 P.S. Welcome under Section 302/34 IPC whereby all the three appellants have been convicted under Section 302/34 IPC. The appeal is also directed against the order of sentence dated 15.09.2009 whereby all the three appellants have been sentenced to rigorous imprisonment for life and to pay a fine of 500/- each and in default of payment of fine, to further undergo RI for one week each.

(2.) The case of the prosecution is that on 19.04.2004 at 4.05 a.m. DD No. 28A Ex. PW15/A was got recorded at Police Station Welcome on receiving information from Wireless Operator of P.S. Welcome to the effect that a quarrel had taken place at WP-17, Baghwali Masjid. The same was marked to ASI Lal Chand PW-9. PW20 Inspector Anand Sagar along with PW9 ASI Lal Chand and PW12 Constable Dharmender reached Baghwali Masjid where PW14 Constable Bhagat Singh and Constable Jagat Singh were already present. From there they came to House No. H-232, Janta Colony, where the dead body of a young boy was lying on the floor. The same was identified as that of Feroz s/o Babu R/o House No. A-72, Janta Colony. The deceased was wearing white baniyan and blue underwear. His pant and shirt were lying near the dead body. On investigation, injuries were found on nose, neck, left shoulder, back of the neck and both the hands. Ligature mark was also found on the neck. The mother of deceased, Tabassum @ Kaalo (PW2), was also present there. She made a statement Ex.PW2/A to the police wherein she had stated that Feroz was her son. He had taken a loan of 1,000/- (udhaar) from appellant Chand Mohammed who was living in the same locality. As her son could not return the money, appellant Chand Mohammad, his brother Taj and their cousin Akil had been coming to her house 2-3 days prior to the date of incident and were demanding money from Feroz and were also threatening to kill him in case 1,000/- was not returned. She told them that she would be returning their money very soon and they should not extend threats of killing him.

(3.) On 18.04.2004 at about 7.30 p.m., all the three appellants had come to her house and took Feroz with them on the pretext that they had to talk about something with him. She requested them not to beat her son as she would be returning the money. Appellant Chand Mohammad assured that after talking to Feroz they would send him back. At about 12.30 a.m. on the night intervening 18/19.04.2004, appellants Chand Mohammad and Akil came to her house. Appellant Akil told her that they had beaten Feroz and had also removed his clothes and Feroz was not getting up. They told her to take her son from their house. On hearing the same, she went to the house of Chand Mohammad which was also in the same Colony where she resides. There she saw that her son was lying on the floor and blood was oozing out from his nose and there was some mark on his neck. His pant and shirt were also lying nearby. At that time, appellant Taj and his Bua Naseem were also there. With the help of the Mohalla people, she took her son to Welcome Medical Centre where the doctor declared that he was no more. Thereupon, she telephoned her relations and again brought the dead body to the house of appellant Chand with the help of the Mohalla people. At that time, appellants were not there in the house.