ABDUL Vs. STATE

JUDGEMENT

(1.) Vide this appeal, the appellants are assailing the judgment dtd. 9/5/2019 ('impugned judgment' in short) passed by the Ld. ASJ-04 (West District), Tis Hazari Courts, Delhi, whereby the appellants were convicted in case FIR no. 205/2013, Police Station Mianwali Nagar for the offences under Ss. 302/34 and 323/34 Indian Penal Code, 1860 ('IPC' in short); and appellant Abdul Natiya was also convicted u/S. 27 Arms Act, 1959; and order on sentence dtd. 14/5/2019, whereby all the appellants namely Abdul @ Natiya, Jamil @ Football, Ashfaq @ Shabbu (who are real brothers) and Juned @ Gulshan (cousin brother of the appellants no. 1 to 3) were sentenced to life imprisonment under Sec. 302 IPC each with fine of Rs.5,000.00 each, in default to undergo simple imprisonment for six months each; further to undergo imprisonment for the offence under Sec. 323 IPC each for one year with fine of Rs.1,000.00 each, in default of payment of fine to undergo simple imprisonment for six months each; and appellant Abdul @ Natiya was also sentenced to undergo imprisonment for the offence under Sec. 27 Arms Act, 1959, for three years with fine of Rs.1,000.00, in default of payment of fine, to undergo simple imprisonment for six months; all the sentences were directed to run concurrently.

(2.) 1 Sonu Kumar (PW-12) further informed that he (Sonu Kumar), Akbar, Sonu Kumar's mother and mami also sustained injuries, but they did not get themselves medically examined. On completion of investigation, charge-sheet was initially filed against the accused persons namely, Abdul @ Natiya, Juned @ Gulshan, Jamil @ Football, Ashfaq @ Shabbu, u/Ss. 307/323/34 IPC and 27/25 Arms Act on 28/10/2013. The date of birth of JCL 'B' was found to be 20/2/1993 and accordingly the enquiry pertaining to him was sent to Juvenile Justice Board. Subsequently, the condition of the deceased deteriorated and he was admitted to RML Hospital on 5/11/2013 and during his treatment, the deceased passed away on 23/11/2013. On which, DD No. 13/A was recorded in that regard. The death summary was obtained and dead body was preserved in Mortuary, SGM Hospital, Mangol Puri. After identification of dead body, post mortem was got conducted through Dr. Manoj Dhingra (PW1), who vide post mortem report Ex.PW1/A reported and opined as under : 'Post-Mortem Report (Ex.PW1/A)

(3.) Multiple bed sores seen over both gluteal area. INTERNAL EXAMINATION Chest :