VINOD Vs. STATE

JUDGEMENT

(1.) By way of these appeals the appellants Vinod @ Kake, Vicky @ Gobind, Chander Prakash @ Pappu, Anil, Vijay @ Nauty and Mahesh challenge the common judgment of the learned Trial Court dtd. 7/6/2017, wherein the appellants were convicted for murder of Sonu @ Bhola (deceased); and the order on sentence dtd. 8/6/2017 by which the appellants were directed to undergo imprisonment for life along with fine of Rs.10,000.00 each, in default whereof, rigorous imprisonment for six months for offence punishable under Sec. 302/34 of Indian Penal Code, 1860 (IPC). Appellant Vinod @ Kake was also convicted for offence punishable under Sec. 27 Arms Act, 1959 and was directed to undergo rigorous imprisonment for seven years along with fine of Rs.5,000.00, in default whereof, rigorous imprisonment for three months. Appellant Chander Prakash @ Pappu was also convicted for offence punishable under Sec. 201 IPC and directed to undergo rigorous imprisonment for seven years along with fine of Rs.5,000.00, in default whereof, rigorous imprisonment for three months. Accused Prakash Passi was acquitted for offence punishable under Sec. 216 IPC.

(2.) In nutshell, case of the prosecution is that on 27/11/2010 an information was received by the police vide DD No.46A (Ex.PW-8/A) regarding firing incident near Kendriya Vidyalaya, Kali Basti near Kura Khatta in front of Hastsal Village. SI Shiv Dutt Jamini (PW-15) along with Ct. Rajender (PW-7) reached the spot and found blood along with one empty cartridge lying at the spot. As the injured had already been taken to DDU Hospital, he went to the hospital. At the hospital, SI Shiv Dutt (PW-15) found that one Sonu, son of Sh. Rajpal was admitted at the hospital with history of gunshot injury who was declared 'brought dead'. At the hospital, SI Shiv Dutt (PW-15) met Sunny (PW-19), brother of the deceased and his friend Bunty (PW-3). He recorded the statement of Sunny who informed that the family of appellant Vijay @ Nauty had an old enmity with his family and that on an earlier occasion as well a quarrel had taken place between the members of his family and the family members of appellant Vijay @ Nauty. Sunny further informed that the deceased were going to drop his friend Bunty at Peepal Chowk, Hastsal Village and at about 8.30 PM, the appellants came at the spot. Ranjit @ Rahul, Vicky @ Ganja, Vicky, Mahesh and Anil caught the deceased from behind while Vijay @ Nauty and Chander Prakash @ Pappu fired bullets at the deceased. Bunty and Sunny managed to escape towards Hastsal Village, and after sometime when the assailants left, he and Bunty came back at the spot and took the deceased to DDU Hospital. On this statement of Sunny, FIR No.385/2010 dtd. 27/11/2010 under Ss. 302/34 IPC read with Sec. 27 Arms Act was registered at PS Uttam Nagar. The investigation of the case was taken over by Inspector Jai Kishan (PW-30) who prepared the site plan (Ex.PW-30/A) and the crime team was called at the spot. The dead body was sent for post-mortem examination on 28/11/2010 at DDU Hospital.

(3.) Dr.B.N. Mishra (PW-26) conducted the post-mortem examination. He tendered his report (Ex.PW-26/A) noting the following injuries and opined: