GULAM NABI Vs. STATE (GNCT GOVT. OF DELHI)

JUDGEMENT

(1.) 1. By filing these three appeals, the Appellants Sagir, Nissar, Rahees, Abdul Malik and Khurshid Ahmed (in Crl.A. No.452/1999), Gulam Nabi (in Crl.A. No.477/1999) and Jubair Ahmed (in Crl.A. No.565/1999) impugn the judgment dated 10.08.1999 and order on sentence dated 18.08.1999 whereby Appellant Jubair Ahmed was convicted under Sections 147/148/307/302 IPC, under Section 324 r/w 149 IPC and under Section 25 of Arms Act and Appellants Sagir, Nissar, Rahees, Abdul Malik, Gulam Nabi, Khurshid Ahmed and Mohd. Yamin (since expired) were convicted under Sections 147/148/302/307/324 r/w 149 IPC. The Appellants were sentenced in the following manner: <IMG>JUDGEMENT_3758_ILRDLH23_2013.jpg</IMG> <IMG>JUDGEMENT_3758_ILRDLH23_20131.jpg</IMG> All the sentences awarded to the Appellants were ordered to run concurrently.

(2.) MOHD . Yamin, co -convict of the present Appellants, had also preferred Crl.A. No.498/1999 against the impugned judgment and order on sentence. During the pendency of Crl.A. No.498/1999, Mohd. Yamin expired and appeal filed by him stands abated vide order dated 26.11.2013.

(3.) ON 08.04.1985 at about 8.00 pm, he (PW -2 Anis Ahmed) alongwith Ishtiak and Mohd. Yusuf was present in the gali and they were talking to each other when one person (who remained unidentified) came from the shop of Jubair and slapped Ishtiak which was objected to by him and Mohd. Yusuf. In the meantime, Jubair, Nissar, Gulam Nabi, Rahees, Abdul Malik, Mohd.Yamin, Khurshid Ahmed and their associates whom he could identify, also came out and abused them. They also said, 'Salo ko aaj jaan se maar do, jo hoga dekha jayega'. In the meantime, Jubair picked a chhuri from a shop and attacked Yusuf on his left arm and left side of the abdomen and thereafter attacked Ishtiak on his abdomen. When he (PW -2 Anis Ahmed) and Shafi Mohd. tried to intervene, they were also attacked by Jubair with the churri he was carrying and his associates continued abusing them exhorting Jubair to finish all of them. Rahees hit him (PW -2 Anis Ahmed) with a churri twice on his right hand and that incident had been witnessed by many residents of the area. PW -2 Anis Ahmed also stated that Ishtiak had expired in JPN Hospital. The associates of Jubair had also slapped them and gave fist blows (thappar -mukko se mara) and set the cot and clothes on fire.