ANIL @ ANU Vs. STATE OF NCT

JUDGEMENT

(1.) ANIL @ Annu and Narinder @ Vicky, by this appeal, impugn their conviction under Section 302 read with Section 34 of the Indian Penal Code, 1860 vide judgment dated 20th December, 2011, arising out of FIR No. 368/2007, P.S. Uttam Nagar, Delhi, for murder of Deepak on 3rd May, 2007 at about 11.00 PM. By the order of sentence dated 21st December, 2011, they have been directed to undergo imprisonment for life and to pay a fine of Rs.10,000.00 each, in default of which they have to undergo simple imprisonment for six months.

(2.) THE fact that Deepak died an unnatural death in the intervening night of 3rd and 4th May, 2007, is not seriously disputed. Deepak, a boy aged 19 years was brought to the casualty ward of Deen Dayal Upadhyay Hospital in an unconscious condition. The ECG was straight and BP, pulse was not palpable/recordable and he was not responding. He was declared brought dead vide MLC Ex. PW5/A proved by Dr. Udai Kumar Singh (PW-5) who identified the signatures and hand writing of the examining Doctor, Dr. Pooja Bhasin. The MLC records that patient had two CLW over epigastric region and dorsum of the left forearm. PW-5 was not cross-examined. The Post Mortem Report (Ex. PW9/A) was proved by Dr. Anil Shandil, who had conducted the post mortem. In his deposition, he has opined that on general examination, the following injuries were noticed:-

(3.) ON the question of involvement of the two appellants as perpetrators who had stabbed Deepak, the prosecution relies upon the statements of Chhagan Lal (PW-3) uncle of Deepak and Durga Devi (PW-4) mother of Deepak. Chhagan Lal (PW-3) has averred that on 3rd May, 2007, at about 11.00 P.M., he went to his nephew Deepaks house, which is at a small distance from his house, to meet the family of his brother. There, he started talking to his Bhabhi i.e. PW-4 and she told him to check on Deepak who was unusually late from his walk. PW-3 headed out and soon he heard noise of a quarrel outside the Gali and went to see what had happened. At the corner of Hakim wali Gali, he saw that the two appellants were present and the appellant Narinder had caught hold of Deepak while the other appellant Anil stabbed Deepak in the stomach. PW-3 had taken his nephew Deepak to hospital along with PW-4. On the way, Deepak did not utter anything. PW-3 has further stated that 1 or 2 months prior to the incident, a quarrel had taken place between the appellants and Deepak. On his statement Rukka (Ex. PW3/A) was recorded and FIR was registered. The site plan was also prepared on his pointing out and identified by him as Ex. PW3/B. Blood stained saree of PW-4 was taken into possession by police and he identified the seizure memo Ex. PW3/E. He also testified that on 4th May, 2007, the appellants were arrested from Ambedkar Stadium, J.J. Colony, Uttar Nagar vide arrest memos Ex. PW3/F and PW3/G. The appellants had made disclosure statements Ex. PW3/J and PW3/K and knife was recovered at their instance and taken into possession vide memo Ex. PW3/N. His blood stained clothes were also taken into possession by the police vide seizure memo Ex. PW3/O. PW-3 identified the sketch of the knife as PW3/R, the saree of PW-4 as Ex. P-2, the knife as P-3 and his clothes as P-4. He identified the clothes worn by Deepak i.e. T-shirt and pant (Ex. P5 and P6), clothes of Anil (Ex. P-7 and P-8) and those worn by Narinder (Ex. P-9).