MUKEEM Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The present appeal is directed against the judgment dated 13.12.2011 and order on sentence dated 16.12.2011 of learned Additional Sessions Judge in Sessions Case No. 55/2008 by which the appellants Mukeem (A-1), Khalid (A-2) and Deepak (A-3) were convicted for committing offences punishable under Section 302/394/34 IPC and 27 of Arms Act and sentenced to undergo imprisonment for life with fine.

(2.) The prosecution alleged that Daily Diary (DD) No. 21 (Ex. PW-17-A) was recorded at police station Nand Nagri on 27.02.2006 at 5:50 P. M. on receipt of information that a child aged 14-15 years was murdered at House No. 33A, Gali No. 1, Bank Colony. The investigation was assigned to SI Ajay Singh Negi (PW-17) who with ASI Jalbir Singh (PW-14) and Constable Khursid reached there. The incident had taken place in House No. A-14 Adarsh Colony, Bank Enclave. On reaching there, they found the door of the house on the ground floor open. In the meantime, DD No. 22 (Ex. PW7/B) was recorded at 05:55 P. M. where the information was conveyed about the murder of a boy at A-14, Adarsh Gali, Bank Enclave. This DD was also marked to SI Ajay Singh Negi.

(3.) PW-17 (SI Ajay Singh Negi) found that the household articles were lying scattered in the house. A boy aged 14/15 years was found in a pool of blood in the kitchen. He sent the victim in a PCR van to GTB hospital where he was declared 'brought dead'. SI Ajay Singh Negi searched eye-witnesses but in vain. He made an endorsement on DD No. 21 and sent the rukka for lodging First Information Report. Further investigation was taken over by Inspector Veer Singh Tyagi. Crime Team inspected the scene of crime and photographed it. The I. O. lifted blood, earth control, blood-stained towel, blood-stained cricket wicket, bloodstained bed sheet and prepared seizure memos. After completion of investigation, a charge-sheet was submitted against A-1 to A-3 in the court. As per the charge-sheet, the prosecution version is as under: