AJAY KUMAR Vs. STATE

JUDGEMENT

(1.) These appeals are directed against a common judgment and order on the point of sentence of the learned ASJ Rohini in S.C. No.399/2007. The appellants (hereafter referred to by their names, i.e. "Ajay" and "Triloki") were convicted for committing offences punishable under Sections 302/307 IPC read with Section 34 Indian Penal Code, ("IPC") and sentenced to undergo life imprisonment for the offences punishable under Section 302 IPC and five years' rigorous imprisonment under Section 307 IPC. The Trial Court directed both the sentences to run concurrently.

(2.) Briefly the facts are that on 10.09.2007, information was received by P.S. S.P. Badli (D.D. No.33-A produced as Ex.25/A) that someone had been grievously injured with an iron rod (saria) and that the attackers had run away after the assault. The information was sent to PW-25, SI Puran Panth through PW-5, after which that witness, (PW-25) left with PWs-5 and 16 to the place of occurrence at Sanjay Gandhi Transport Nagar. They were then told that the injured, one Gulshan had been taken to BJRM Hospital by the PCR van. PW-24, Const. Gunwant, who was patrolling the area, had reached earlier. PW-25 left the other two police personnel, PWs-5 and 16, and went to the hospital where he was told that the injured, one Sonu had been brought dead. The other injured, one Gulshan, (PW-9) was in the hospital. PW-25 collected the MLC, PW-19/A and made arrangements to shift the body of the deceased Sonu to the mortuary. FIR No.702/2007 was subsequently lodged at 02.50 AM. This was based upon the statement of the injured Gulshan, PW-9/A.

(3.) PW-9 stated to the police that he and the deceased Sonu worked for one Khanna Transport Company, Meenakshi Chowk, Muzaffarnagar, U.P. Sonu was the driver of the truck (registered as UP-12 T 0087) and PW-9 was conductor (helper). PW-9 further stated that on 08.09.2007, he and Sonu reached Delhi in the said loaded truck, parked it in front of one Balaji Transport Company, A-11, Mandir Mohalla, Sanjay Gandhi Transport Nagar. The truck was unloaded and on 10.09.2007, it was loaded with gatta kabad (cardboard) from Bhalswa to be transported to Muzaffarnagar. After the truck was loaded it was parked in a vacant spot near the Bhagwan Pura Jhuggis, A-11, Shanta Nursing Home, Sanjay Gandhi Transport Nagar. PW-9 went on to state that he and Sonu were having food in a dhaba. The accused who were known to Gulshan and who were employed by one Pappu Lala, as driver and helper went there and started arguing with Sonu and threatened him. This led to Sonu and Gulshan leaving the dhaba and going back to the truck. Gulshan further stated that they tried to start the truck with one Pardeep's Canter and when he was about to get down from the truck at 11.30 PM, the accused again accosted and threatened him. Thereafter they attacked him and caused injuries to his head. Upon his crying out, Sonu got down from the truck to aid him; the accused caught hold of him, stating, "tera to kaam hi tamam kar dete hai" and showered blows on the head of Sonu with iron rods. The accused hit and kicked Sonu and on hearing the commotion and noise, people gathered at the spot after which the accused fled from the spot in their truck no. HR 38 BD 7368. PW-9 also stated that the police reached the spot immediately thereafter and took him and Sonu to the hospital. Sonu was declared brought dead.