PARDEEP THROUGH PAIROKAR Vs. ANIL THROGH PAIROKAR

JUDGEMENT

(1.) By these four appeals, the appellants challenge the judgment dtd. 29/9/2020 convicting all the four appellants for murder of one Surjit Singh ("deceased") by stabbing him with a knife, after hatching a criminal conspiracy to commit robbery of the tractor bearing registration number HR30G 4498, mobile phone Nokia 1209 and currency amount of ?2,500/- all belonging to one Bhim Singh ("injured") who was also hurt by the appellants while committing the offence; and order on sentence dtd. 19/10/2020 wherein the appellants Anil, Kaushal and Mehtab were directed to undergo rigorous imprisonment for life alongwith fine of ?5,000/-each and in default whereof simple imprisonment of one year for offence punishable under Sec. 3(2/34 of the Indian Penal Code ("IPC"). These three appellants were further directed to undergo rigorous imprisonment for seven years alongwith fine of ?5,000/- each in default whereof simple imprisonment of one year for offence punishable under sec. 12(B IPC and Ss. 392/394/397 r/w Sec. 120B IPC. Appellant Anil was further sentenced to undergo rigorous imprisonment for a period of 3 years for offence under sec. 414 IPC. Appellant Pradeep was directed to undergo rigorous imprisonment for a period of 7 years alongwith a fine of ?5,000/- in default whereof simple imprisonment of 1 year for offence punishable under Sec. 120B IPC and Ss. 392/394/397 IPC r/w Sec. 120B IPC.

(2.) The investigation was set into motion on receipt of an information vide DD No. 7B that ahead of GT Karnal Road, near Barat Ghar, Gurudwara Siraspur, Delhi, four persons had robbed a tractor after stabbing a person and had fled away towards Singhu Border. At the spot Bhim Singh, the complainant who was found undressed informed that on 20/12/2010, at about 3.30 am, he alongwith Surjit Singh were in front of the Barat Ghar on a trolley with registration no. HR30G4498 when one auto with passengers came in front of their tractor trolley. Surjit Singh stopped the tractor. Four boys aged about 20-25 years came out of the auto, started abusing and asked Surjit Singh and the complainant to give them money. Two of the assailants were carrying knives with them. Those boys forcibly pulled them out of the tractor. Two of them caught hold of Surjit Singh, while the other two caught hold of the complainant and pulled out ?2,500/-from his pocket. When Surjit Singh tried to escape, one person holding the complainant ran towards Surjit Singh, and then those 3 assailants dragged Surjit Singh towards the nala and inflicted knife blows on him. The assailants snatched the mobile phone of the complainant. Thereafter, the complainant escaped and ran towards the dark side and hid himself about 100 meters from the spot. One of the assailants loosened the trolley's latch, sat on the tractor and took it towards the Singhu border and other three accused also went towards the border in the auto. Complainant/ injured tried to seek help from the moving vehicles to save Surjit Singh but no one stopped, and then the complainant went to the Gurudwara, took phone from the chowkidaar and dialed no. 100, and stayed at the spot till the arrival of the police. Surjit Singh was taken to the Harish Chandra Hospital at Narela where he was declared "brought dead". On this statement, FIR no. 404/2010 dtd. 20/12/2010 was registered under Sec. 392/397/302/34 at PS Samaypur Badli. During the course of investigation the four appellants and one 'A' was arrested. On completion of investigation charge-sheet was filed against the four appellants and 'A' being a juvenile, inquiry report qua him was filed before the Juvenile Justice Board.

(3.) Dr. Mazhar Hussain (PW-12) examined the deceased patient on 20/12/2010 at about 4:40 AM and prepared MLC (Ex.PW-12/A). He noted the following injuries: