ASIF @ SHABBU Vs. STATE

JUDGEMENT

(1.) THE impugned judgment dated 31st March, 2011 convicts Asif @ Shabbu and Nadeem @ Chikna under Section 302 read with Section 34 of the Indian Penal Code, 1860(IPC, for short) and Section 392 read with Section 397/34 IPC.

(2.) BY order on sentence dated 6th April, 2011, the two appellants have been sentenced to undergo life imprisonment and fine of Rs.1,000/ - for the offence punishable under Section 302/34 IPC. In default of payment of fine, the two appellants have to suffer simple imprisonment for two months. For the offence punishable under Section 392 read with Section 397/34 IPC, the two appellants have been sentenced to rigorous imprisonment for 7 years and fine of Rs.500/ -, in default of which, they have to undergo simple imprisonment for one month. Benefit of Section 428, Code of Criminal Procedure, 1973 (Cr.P.C.) has been granted and the sentences are/were to run concurrently.

(3.) ON the question of occurrence and involvement of the appellants, the prosecution primarily relies upon testimony of Inamul Haque (PW -1), who has deposed that the deceased was his cousin (maternal uncles son) and had come to Delhi 10 -15 days prior to the incident. On 13th December, 2009, PW -1 along with Abdullah was going from the shop of their brother in Gandhi Nagar towards their house at Shastri Park. Abdullah was talking on his mobile phone and was 10 -15 steps behind PW -1. When both of them had reached the crossing near Tikona Park, PW -1 suddenly heard shrieks and saw two boys stabbing Abdullah. One boy was also searching pockets of Abdullahs pant. PW -1 went towards Abdullah to save him, but took to heels when the two boys adopted an aggressive stance and came towards him. PW -1 deemed it appropriate to run from the spot and make a call at number 100 and to his brother Shanul Haque. PW -1 crossed the railway bridge and came back to the place of occurrence after he noticed that the two boys could not be seen. Thereupon, he made 2 -3 calls at number 100. Shanul Haque reached the spot. They saw Abdullah lying on the road unconscious and smeared with blood. They took Abdullah to Singhal Nursing Home, nearby Kailash Nagar, where he was given first aid but were asked to take him to a Government hospital. They took Abdullah to LNJP Hospital, where after examination, he was declared brought dead by the doctors. Inamul Haques (PW -1) statement, Ex.PW1/A, was recorded by the police and became the ,,rukka resulting in registration of FIR No.306/2009, at police station Gandhi Nagar. The FIR was marked Ex.PW6/A. PW -1 has also deposed that Abdullas mobile phone of LG make with Reliance SIM bearing number 9311123100 was missing and the same was probably taken away/stolen by the said boys ( the said phone and SIM have not been recovered).