MOHD. TAHIR Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The above-captioned two appeals spring out of judgment dtd. 13/10/2023 passed by the learned Court of Sessions in case CNR No. DLST0l-002079-2015, in FIR No.932/2015, registered at Police Station Neb Sarai, Delhi, whereby appellants have been held guilty of committing offence under Sec. 302/34 IPC. Vide impugned Order on Sentence dtd. 20/11/2023, appellants have been directed to undergo 'rigorous imprisonment for life' and to pay fine of Rs.10,000.00 each, a part of Rs.7,000.00 whereof shall be compensation for State towards prosecution expenses. In default of payment of fine, appellants have been sentenced to undergo simple imprisonment for six months.

(2.) Since both the appeals arise out of common impugned judgment dtd. 13/10/2023 and Order on Sentence dtd. 20/11/2023, with the consent of learned counsel for the parties, these were heard together and are being disposed of by this common judgment.

(3.) The brief facts of the prosecution case, as have been spelt out in the impugned judgment, are that on 7/7/2015, on receipt of a call with regard to theft and assault, DD No. 14A was entered. Inspector Rajeev Kumar reached the spot i.e. the road near House No. D-219, Krishna Park, Delhi and it transpired that in the morning a boy was caught and beaten by the occupants of House No.216, Krishna Park and the neighbours. The said boy was found dead lying between a car bearing No. DL 3C Z9991 and House No. D-219 Krishna Park, having various injuries on the part of his body. The boy was sent to All India Institute of Medical Sciences (AIIMS) where vide MLC No.501270/2015, it was recorded that a boy was received 'brought dead' to the hospital. The mother of the deceased, namely, Smt. Meena Devi was called at AIIMS Trauma Centre, where she identified the body of her son i.e. deceased Sunil, aged about 15 years. Consequentially, FIR in question was registered against the appellants-accused, who were working as Caretaker and residing in the building, near to which dead body of Sunil was found.