SANDEEP @ DHILLU Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) By this order we propose to decide the two separate Criminal Appeals preferred by Sandeep and Krishan, both accused in FIR No. 781/2004 to challenge the judgment dated 31.1.2009 and order on sentence dated 7.2.2009 whereby both the appellants were convicted for committing the offence punishable under Section 302 IPC read with Section 34 IPC and sentenced toimprisonment for life with fine of Rs. 25,000/- each and in default, to undergo one year rigorous imprisonment.

(2.) The case in hand relates to the unfortunate murder of a person known as Ganesh who instead of participating in the celebration of birthday party of his wife met with a tragic end at the hands of the accused persons.

(3.) The case of the prosecution in brief is that on 26.12.2004 one Surender Soni went to the premises bearing No.B-1/35 Janakpuri, Delhi to handover the keys of the showroom to its owner. On the same day, in the adjoining house i.e. premises bearing No.B-1/34 Janakpuri, Delhi there was a birthday party of the wife of Ganesh being celebrated. At about 9.00 p.m. Ganesh asked his friend Anil Sharma to accompany him to Hari Nagar for collecting some amount of committee from another friend. At about 9.30 p.m. Anil and Ganesh returned back and stopped their car in front of their house. At that point of time they saw two boys coming on a motorcycle who stopped the motorcycle in front of House No.B-1/35 Janakpuri, Delhi and after getting down from the motorcycle they went inside House No.B-1/35 Janakpuri, Delhi. Thereafter, both the boys came out of the house and started running towards the motorcycle on being followed by Surender Soni who raised alarm by shouting "Pakado Pakado". One of those boys was having a bag in his hand. Those boys tried to flee on the motorcycle but at that point of time Anil Sharma and Ganesh tried to intervene. Ganesh came in front of the motorcycle. On this pillion rider Sandeep fired at Ganesh. The bullet hit on the neck of Ganesh due to which Ganesh fell down. Both the assailants fled on the motorcycle. The injured was removed to the hospital by Anil Sharma with the help of one Madan Shreshta firstly to Amar Lila Hospital then to DDU Hospital where Ganesh succumbed to his injuries. During investigation, the accused persons were arrested and they were produced for TIP. Accused Sandeep had refused to join the TIP while accused Krishan was identified by Anil Sharma. After completion of the investigation, chargesheet against the accused persons was filed. Both the accused persons were charged for the offence punishable under Sections 397/302/34 IPC to which they pleaded not guilty and claimed trial.