MOHD. SHAHID Vs. STATE

JUDGEMENT

(1.) Appellant Mohd. Shahid and Mukhtiyar Ahmed have filed separate appeals bearing No.Crl.A.433/1999 and Crl.A.456/1999 challenging the common judgment and order on sentence dated 2nd August, 1999 and 4th August, 1999 respectively passed by the learned Additional Sessions Judge, Delhi in Sessions Case No. 124/97 arising out of FIR No.288/97, PS Kamla Market whereby the appellants were convicted under Section 302/34 IPC as well as under Section 27 and 25 of Arms Act and were sentenced to undergo life imprisonment and fine of Rs.1,000/- each, in default, to undergo six months rigorous imprisonment under Section 302/34 IPC and to undergo rigorous imprisonment for 6 months and fine of Rs.200/- each, in default, one month rigorous imprisonment under Section 25 of Arms Act and further sentence to undergo RI for two years and to pay a fine of Rs.500/- each, in default, three months RI under Section 27 of Arms Act. Substantive sentences of imprisonment were to run concurrently. The appellants were granted benefit of Section 428 of the Code of Criminal Procedure, 1973.

(2.) Prosecution case, succinctly stated, is as follows.

(3.) On 9th October, 1997 Constable Satish Kumar (PW14) was at Picket Police Booth, Zakir Hussain College from 9:00 AM to 9:00 PM along with Constable Udai Veer Singh. At about 7:30 PM, Constable Udai Veer Singh went to police station. Constable Satish saw one boy aged about 20 years with his hand on his abdomen. The injured informed Constable Satish Kumar that a quarrel had taken place between him and some boys of G.B. Road few days back and they stabbed him and escaped. The injured further informed him that his cycle and thaila were lying across the road and after saying so, he became unconscious. Constable Satish took him to JPN Hospital in a rickshaw and was immediately taken to operation theatre. Intimation regarding admission of injured in JPN Hospital was sent by Constable Mitender Kumar (PW15) posted as the duty constable to the police station Kamla Market. On receipt of this information, Head Constable Mahipal Singh (PW3) recorded DD No.18A Ex.PW3/A and handed over the same to SI Sanjay Singh (PW20) who went to the hospital. Thereafter, Inspector Hanuman Singh (PW23) also reached the hospital where he met SI Sanjay Singh and Constable Satish Kumar who informed him that injured had died in operation theatre. Since there was no eye witness in the hospital Insp. Hanuman Singh along with Constable Rajesh and Constable Satish Kumar reached at JLN Marg, Zakir Hussain College where also no eye witness was available. One cycle with thaila and blood nearby that cycle was found lying adjacent to Ramlila Ground, Gate No. 3. He recorded statement of Constable Satish Kumar Ex.PW3/C on the basis of which FIR No. 288/97 Ex.PW3/D was registered. Inspector Hanuman Singh got the place of incident photographed, prepared the site plan Ex.PW23/A, seized cycle, blood and blood stained earth along with thaila. Clothes of the deceased were handed over by SI Sanjay Singh which was seized vide memo Ex.PW14/C.