SALIM @ NAJU Vs. STATE

JUDGEMENT

(1.) These two appeals arise out of judgment dated 27.02.2012 and order on sentence dated 14.03.2012 passed in Sessions Case No.206/2009 whereby the appellants were convicted for the offence punishable under Section 302 read with Section 34 Indian Penal Code(IPC) and under Section 307 read with Section 34 IPC and were sentenced to undergo imprisonment for life and a fine of Rs. 5,000/- each for the offence punishable under Section 302/34 IPC and were further sentenced to undergo RI for seven years and a fine of Rs. 5,000/- each for the offence punishable under Section 307/34 IPC. In default of payment of fine, the appellants were sentenced to undergo SI for six months on each count.

(2.) Another appeal (being Crl.A.977/2012) was preferred by one Jitender @ Billoo against this very judgment. Said Jitender raised a plea that on the date of commission of the offence, he was a juvenile. By an order dated 12.03.2013, a Division Bench of this court upheld the contention raised by Jitender @ Billoo and set aside the order of conviction and sentence imposed on Jitender. The case was remitted to the Juvenile Justice Board to hold an inquiry in accordance with law.

(3.) The instant case was registered on the basis of the statement to the police made by PW8, Sanjay who was injured in the incident which took place on the night intervening 28/29.05.2009. In the incident, one Sandeep @ Sanjeev was inflicted stab wounds on his person which proved fatal. He was declared dead when brought to All India Institute of Medical Sciences (AIIMS). PW8 was also inflicted an injury with a knife on his face. He, however, survived and made statement Ex.PW2/B to the police. ASI Shambhu Sah made endorsement Ex.PW17/C whereupon the FIR Ex.PW17/B was recorded in Police Station New Friends Colony. The substance of statement of PW8, Sanjay which is the fulcrum of the prosecution case has been given in para 20 of the impugned judgment, which is extracted hereunder: