PAWAN Vs. STATE (CBI)

JUDGEMENT

(1.) This application has been filed seeking regular suspension of sentence pending the adjudication of the appeal by this Court. The said appeal was filed by the appellant against order of conviction dtd. 3/9/2019 and order of sentence dtd. 4/9/2019 passed by the Ld. ASJ-02, South-East District, Saket Courts arising out of RC-01(S)/2014/SC-M/ND dtd. 28/2/2014 under Ss. 304 Part-II read with Ss. 34/342/201 IPC. Out of these two appellants Sunder has already been granted regular suspension of sentence by this Court vide order dtd. 16/12/2021 while this application has been preferred by appellant Pawan on grounds of parity as well as the fact that he has already undergone incarceration for a period of about 4 years while having been sentenced for about 7 years SI.

(2.) As per the case of the prosecution on 29/1/2014 at around 1:58 p.m., an incident of scuffle had taken place at the shop of coconvict Farman at his shop Rajasthan Paneer Bhandar, Lajpat Nagar, New Delhi where the victim named Nido Tania broke the glass counter of the shop consequent of which a fight took place allegedly between Nido and his friends on one side and Farman and his brothers/associates on the other. Since it was a simple fight between Farman and his associates and Nido and his friends, there was no noticeable injury to the alleged victim Nido and both of them refused to go to the hospital. At the police station, Nido compensated an amount of Rs.7,000.00 to Farman for damaging his glass counter and the matter was compromised and the said PCR call was closed. However, on the next day on 30/1/2014 at around 2:50 p.m., the victim Nido was not being able to get up and his friends shifted him to the hospital where he was declared dead. Accordingly, an FIR No.47/2014 was registered at PS Lajpat Nagar under Sec. 302 IPC and Sec. 3(10) POA Act, 1989.

(3.) As per the Ld. Senior Counsel for the appellant Pawan, the issue arose since Nido and friends had come to Lajpat Nagar to look for somebody but not finding the address had stopped at the shop run by Farman where apparently Farman made some racist remarks and provoked by the same, Nido broke the counter. Till this point, neither Pawan nor Sunder were present there. Nido left the place and met another group of friends who were also looking for the house they were originally searching for. In the meantime, Farman with a crowd of associates including Pawan and Sunder came to Nido and gave fist blows. However, at 4:15 p.m. they were all taken to the police station and the matter was compromised. At this point also Pawan or Sunder were there. Both Pawan and Sunder were arrested on 3/2/2014 when pursuant to the Nido having been declared dead on the next day. Just after the charge-sheet was filed in July, 2014, both got bail. While Farman had been convicted and sentenced for a period of 10 years, Pawan and Sunder had been sentenced for a period of 7 years.