(1.) These appeals have been preferred under Section 374(2) of Criminal Procedure Code, 1973 against the judgment and order of conviction dated 9th March, 2010, vide which the appellant Jaffar @ Raju and Sajid Ali @ Moni were convicted while co-accused Shahnawaz was acquitted. Vide order dated 11th March, 2010 both the appellants were sentenced to undergo rigorous imprisonment for life for offence under Section 302 r/w Section 120-B of Indian Penal Code, 1860 and fine of Rs.3000/- in default of payment of fine to undergo simple imprisonment for a period of three months.
(2.) Background facts in nutshell are as follows:-
(3.) On the intervening night of 28/29th January, 2004, HC Bhagwat Prasad (PW 28) posted at PCR Control Room received a call at 10 p.m. that one lady was murdered near Kabari Market, Dilshad Colony. He reduced the same in writing and flashed the same to NE Control Room. On receipt of this information through wireless operator, ASI Badloo Singh (PW 15) recorded the information vide DD No.30A Ex.PW15/A which was assigned to SI Sanjay Kumar (PW27) for necessary action. SI Sanjay Kumar along with Constable Ved Pal (PW 14) reached at the place of occurrence and found blood spilled in quite a volume near Kabristan. Public persons informed them that injured had been removed to GTB Hospital by PCR. As such after leaving Constable Ved Pal at the spot, SI Sanjay Kumar proceeded to GTB Hospital. He collected the MLC of victim on which there was mention of "cut throat injury" and "brought dead".
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