SUNIL Vs. STATE OF DELHI

JUDGEMENT

(1.) By way of these appeals, the appellants challenge the common judgment of learned Trial Court dtd. 25/10/2017 whereby the appellants were held guilty for the murder of one Sachin ('deceased'). The appellants also challenge the order on sentence dtd. 6/11/2017 whereby the appellants were directed to undergo rigorous imprisonment for life along with fine of ? 10,000/- each, in default whereof simple imprisonment for 1 year for offence punishable under Sec. 302/34 of the Indian Penal Code, 1860 ('IPC').

(2.) Vide the aforesaid impugned judgment and order on sentence, two other accused persons namely, Satish and Gaurav were also held guilty for offence punishable under Sec. 323/34 IPC for causing simple injury on Rahul and were directed to undergo simple imprisonment of 4 months along with fine of ?1000/- each in default whereof simple imprisonment for 1 month. These two accused persons had already undergone their period of sentence.

(3.) Brief facts of the prosecution case are that on 28/11/2016, Rahul (PW-1) along with his friend/deceased was going to the house of his mausi Shivani (PW-2) who was residing in a street No.700. Accused Chotu @Satish was having a small mechanic shop in the corner of street No.600 and Sunil @ Sonu, Gaurav @ Bakra and Nitin @ Mota were standing in front of the said mechanic shop under the influence of liquor. At about 8.45-9 PM, while Rahul was talking to his mausi, Gaurav called deceased and as the deceased went up to Gaurav, Gaurav started arguing and abusing the deceased. Thereafter, Gaurav and Nitin caught the deceased from his neck and when Rahul tried to save the deceased, Chotu and Gaurav gave danda blows on Rahul's head. Nitin and Sachin started beating the deceased with kicks and fists blows and thereafter, Nitin pulled out a knife and on seeing the knife, the deceased started running to save his life. Thereafter, Sonu and Nitin chased the deceased and caught hold of him at the pulia of gandanala of EE Block and inflicted knife blows on the deceased. In an attempt to save Rahul, Shivani intervened and covered Rahul, but she was pulled and dashed to the ground. Thereafter, both Chotu and Gaurav went up to the place where the deceased was beaten and they also started beating the deceased. A police official namely ASI Subhash Chandra (PW-15) was passing by the street, whom Shivani forcibly stopped, sought his help and took him to the place where the deceased was being beaten up. On seeing ASI Subhash (PW-15), all the four accused persons ran away and Shivani made repeated calls at No.100. One PCR van removed Rahul to the hospital and another PCR van removed the deceased to the hospital. Information given to the police was recorded by DD No.63A (Ex.PW-19/A) which was marked to SI Suresh (PW-19) who reached the spot and thereafter, went to BJRM Hospital. At the hospital, Rahul could not be found and the deceased was found unfit for statement. Search was made for eye-witness Rahul, however, he could not be found and on 29/11/2016, at about 11.45 PM, Rahul himself came to the police station where his statement (Ex.PW-1/A) was recorded on which rukka (Ex.PW-19/D) was prepared and FIR No.667/2016 dtd. 30/11/2016 under Sec. 307/34 IPC was registered at PS Jahangir Puri (Ex.PW-20/A). Thereafter, efforts were made to search the accused persons, and behind PRAYAS Home, EE Block, Jahangir Puri all the four boys/accused persons were found sitting and pursuant to identification by Rahul and their interrogation, all the four boys/accused persons, Sunil @ Sonu, Satish, Gaurav and Nitin were arrested vide arrest memos Ex.PW-1/A-1, Ex.PW-1/B-1, Ex.PW-1/C-1 and Ex.PW-1/D-1 respectively. Disclosure statements of the accused persons (Ex.PW-19/F-1, Ex.PW-19/F-2, Ex.PW-19/F-3 and Ex.PW-19/F-4 respectively) were also recorded. On 2/12/2016 at about 7.35 AM, an information vide DD No.12A (EX.PW-19/H) was received regarding death of the deceased at LNJP Hospital. Further, investigation was marked to Insp. Ajay Kumar. Thereafter, the dead body was sent for post mortem examination.