VISHAL @ BUNTI Vs. STATE (GNCT) OF DELHI

JUDGEMENT

(1.) By this appeal, the appellant challenges the judgment of learned Trial Court dtd. 3/10/2018 whereby the appellant was convicted for murder of one Pankaj (deceased) and also for causing grievous injuries to Lekhraj (victim). The appellant also challenges the order on sentence dtd. 10/10/2018 whereby the appellant was directed to undergo rigorous imprisonment for life along with fine of ?5,000/- in default whereof simple imprisonment for three months for offence punishable under Sec. 302 of the Indian Penal Code, 1860 (IPC). Four other accused persons namely Salman @ Samma, Raju @ Ravinder, Pradeep and Rafique were also found guilty along with the appellant for offence punishable under Sec. 326/34 IPC and all of them were sentenced to the period already undergone and were directed to pay fine of ?2,000/- each and in default whereof, they were directed to undergo simple imprisonment for seven days. The appellant was acquitted for offence punishable under Sec. 25 of the Arms Act, 1959.

(2.) Brief facts of the prosecution case are that on 24/6/2013 the deceased along with Lekhraj (victim) and one Yajuvender were going towards the victim 's shop on deceased 's motorcycle driven by Yajuvender and at about 9.30 PM when they reached in front of Sapna Opticals, the accused persons stopped their motorcycle. The accused persons had a grudge with the victim, the deceased and Om Prakash (victim 's cousin) owing to a quarrel which took place about five-six months prior to the incident between Om Prakash and Bunti, Raju and Samma. On the day of incident, Raju caught hold of the deceased and Bunti inflicted number of stab injuries on the deceased. Rafique had caught hold of Yajuvender and Pradeep had caught hold of the victim and thereafter, Samma inflicted knife injuries on victim 's leg and Yajuvender managed to escape from the spot while shouting on which all the accused persons ran away. The victim made a call to his bua Kamlesh and in the meanwhile, one Chetram made a call at number 100. Kamlesh reached the spot on a Honda Activa and took the deceased to Batra Hospital on the said Activa where the deceased was declared "brought dead ". IO/Insp. Abhay Singh Yadav (PW-28) reached Batra Hospital and recorded the statement of the victim and prepared the rukka on which FIR No.271/2013 dtd. 25/6/2013 under Ss. 302/326/34 IPC at PS Ambedkar Nagar (Ex.PW-16/A) in the present case was got registered.

(3.) Dr.Asit Kumar Sikary (PW-3) at AIIMS Hospital Mortuary conducted the post-mortem examination on the dead body of Pankaj on 25/6/2013, tendered his report (Ex.PW-3/A) and opined: