NADEEM Vs. STATE (GOVT. OF NCT DELHI)

JUDGEMENT

(1.) The present batch of criminal appeals being Criminal Appeal Nos. 8/2020, 10/2020,79/2020 and 111/2020 instituted under the provision of sec. 374(2) of the Code of Criminal Procedure, 1973 (Cr.P.C), assail the judgment of conviction dtd. 11/10/2019 and the order on sentence dtd. 17/10/2019, rendered by learned Additional Sessions Judge, West-02, Tis Hazari Courts, Delhi, in Session Case No. 58184/16, titled as 'State vs. Nadeem and Ors', emanating from F.I.R. No. 174/2011 registered under Ss. 302/307/34 of the Indian Penal Code, 1860 (IPC), at Police Station Nihal Vihar.

(2.) By way of the impugned judgment dtd. 11/10/2019 and the order on sentence dtd. 17/10/2019, appellants namely Nadeem ('Appellant No.1'), Naresh @ Raju ('Appellant No.2'), Mohsin @ Raju ('Appellant No.3'), and Nitin @ Pintu @ Aatish ('Appellant No.4') were convicted for committing the murder of the deceased victim Manoj s/o Charan Singh by inflicting deadly injury upon the deceased with dandas and subsequently stabbing him with a knife in furtherance of their common intention. All the Appellants were convicted and sentenced for the offences mentioned as under:

(3.) The fulcrum of the case of the prosecution is that on the night of 03/4/6/2011,the Appellant Nos.1, 2, 3 and 4 (hereinafter collectively referred to as 'Appellants'), sharing common intention, caused stab injuries on the body of Manoj s/o Sh. Charan Singh r/o G-44/14, Laxmi Park, Nangloi, Delhi (hereinafter referred to as 'the deceased') leading to his death. The injuries were caused with a knife [Ex.PW-26/B] and danda [Ex.PW-21/O] as a vendetta owing to previous enmity and animosity with the deceased. After committing the murder, the appellants absconded from the crime spot. The entire incident was witnessed by PW-4 Smt. Gudiya w/o Jagbir Singh; PW-6 Jagbir Singh (brother of deceased and injured eye witness); and PW-2 Amit Bhardwaj (neighbour and eyewitness who turned hostile); who were statedly present with the deceased at the time of the incident.