RAJIV Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The present appeal under Sec. 374(2) and Sec. 383 read with Sec. 482 of the Code of Criminal Procedure, 1973 (for short, 'CrPC') has been filed by the Appellant-Rajiv @ Monu assailing the impugned judgment of conviction dtd. 22/2/2023 and order on sentence dtd. 19/4/2023 passed by Sh. Neeraj Gaur, Additional Sessions Judge-05, North-West District, Rohini Courts, New Delhi, whereby the Appellant has been convicted in SC No. 426/2017 arising out of FIR No. 81/2017, under Ss. 302/34 of the Indian Penal Code, 1860 (for short, 'IPC'), registered at P.S. Bharat Nagar.

(2.) Vide the aforesaid impugned judgment of conviction and order on sentence, the present Appellant has been convicted for the offences punishable under Sec. 302 read with Sec. 34 of the IPC and sentenced to undergo imprisonment for life along with a fine of Rs.1,00,000.00 and in default of payment of fine, to undergo simple imprisonment for a period of six months. Other co-accused, Vijay @ Sahil @ Budhu (hereinafter referred to as 'co-accused No.1'), has since passed away during the trial of the present FIR. However, the other co-accused person, Akash @ Kalu (hereinafter referred to as 'co-accused No.3'), has been acquitted as the learned Trial Court held that the prosecution was not able to prove the charges against him beyond reasonable doubt.

(3.) The case of the prosecution was that the present FIR No. 81/2017 was lodged at the instance of one Mr. Gurdayal Singh (hereinafter 'Complainant/PW-2') who alleged that on 27/2/2017 he was present in his house and at about 11:30 PM, he went out to take a night walk when he heard some noise from the side of Sawan Park Jhuggi. Upon hearing the noise, he proceeded towards the jhuggis where he saw that his son Chanmeet was being beaten up by co-accused No.1, the Appellant and two other associates. The said assailants, co-accused No.1 and the Appellant were known to the Complainant and used to often visit his house.