SUBHASH CHAND Vs. STATE

JUDGEMENT

(1.) Vide these appeals, the appellants, namely, Subhash Chand and Amit alias Nitu have challenged the judgment dtd. 11/2/2019 passed by Ld. Addl. Sessions Judge-05 (West), Tis Hazari Courts, Delhi, (impugned judgment in short), whereby the appellants were convicted in FIR no. 165/2014, PS Maya Puri, u/Ss. 302/365/392/201/34 Indian Penal Code, 1860 (IPC in short); and order on sentence dtd. 2/3/2019, whereby both the appellants were sentenced to :-

(2.) Briefly stating, the prosecution case is that on 8/4/2014 at about 12:55 pm, an information was received from phone no. 28114734 that 6-7 criminals had snatched vehicle bearing no. DL-1LM-1354 Mahindra (Mahindra pick up in short) from one person Billu on which DD no. 12A (Ex. PW12/A) was recorded. Same was assigned to HC Vijay Singh (PW-16) for necessary action. He along with Constable reached the given spot where robbery of one Mahindra pick up van was revealed. As the incident occurred in the area of PS Kashmiri Gate, call was transferred to the PS Kashmiri Gate recorded vide DD no. 37A (Ex. PW12/B), where similar information at about 12:30 pm was recorded vide DD no. 16PP (Ex. PW2/A); and accordingly, SI Anand Singh (PW-25) In-charge Police Post (PP) Inter-State Bus Terminal (ISBT) Kashmiri Gate, Delhi also reached there. Another information was received from PS Usmanpur from aforesaid phone no. 28114734, which was recorded vide DD no. 18PP at PP ISBT PS Kashmiri Gate. SI Anand Singh (PW-25) called at the aforesaid number 28114734 which was attended by one Anil who informed that his employer namely Jatin Gupta (PW-1) along with Subhash (appellant) have left for the place of incident i.e., ISBT flyover. On which, SI Anand Singh along with Ct. Anil reached the said spot and searched for the complainant, who could not be found. Subsequently, mobile number of Jatin Gupta was obtained and he was contacted on the said number. SI Anand Singh along with HC Dinesh met Jatin Gupta (PW-1) and Subhash Chand at ISBT Flyover. Thereafter, statement of Jatin Gupta (Ex. PW1/A) was recorded. Subash Chand during interrogation confessed to his guilt and disclosed that he along with his nephew Amit @ Nitu in a pre planned manner, had committed the murder of the deceased (Naresh @ Billu) by strangulating after giving him one tablet and with an intention to rob the scrap which was being carried in Mahindra pick up but the said vehicle had to be abandoned as it ran out of CNG. On which, the appellant Subhash Chand was asked to make a call to his co-accused Amit @ Nitu to come to ISBT. On reaching, Amit @ Nitu was also interrogated and he also confessed to his guilt. Said information was recorded vide DD no. 23PP (Ex. PW2/C). Thereafter, SI Anand Singh (PW-25) at about 9:45 pm on 8/4/2014 visited Police Station Mayapuri and produced copies of the aforesaid DDs no. 16PP (Ex. PW2/A), 18PP (Ex. PW2/B), 23PP (Ex. PW2/C) and also the statement of PW-1 Jatin Gupta before Insp. Vipin Kumar, (SHO of PS Maya Puri) (PW-28), who made his endorsement on the same and got FIR (Ex. PW-22/B) registered. Further investigation was marked to Insp. Prabhu Dayal (PW-34) and both the suspected persons (appellants/accused persons) were produced before Insp. Prabhu Dayal PW-34. During investigation, PW-34 Ins. Prabhu Dayal called crime team and in the meanwhile, PW-4 Surender Singh (brother of Naresh @ Billu/deceased) also came to the police station and he was also joined in the investigation.

(3.) To prove its case, the prosecution examined 35 witnesses.