RAHUL AND ORS. Vs. STATE

JUDGEMENT

(1.) THIS case may be described as one of murder over paaparh (a savoury Indian snack made with round flattened wafer -thin dough, generally served after roasting or frying). The four appellants herein have been held guilty, primarily on the basis of ocular evidence, on the allegations that they, on feeling infuriated over not being timely served with the savoury, in spite of demand and wait, in furtherance of their common intention knifed four persons, one after the other, one of the wounded ones dying as a result.

(2.) THE venue of the incident that occurred statedly at about 10.30 PM on 11.10.2008, which is subject matter of the case from which these appeals arise, was an eatery run in the name of "Zaika Bar and Restaurant", Community Centre, Karkardooma, Delhi (hereinafter referred to as "the restaurant"), within the jurisdiction of Police Station Anand Vihar. Four persons received stab injuries, they being Shahid (who resultantly died), Sheikh Pappu (PW -4), Mohd. Jaffar (PW -5) and Mohit Dhingra (PW -19). Mohit Dhingra (PW -19) is the son of Rajesh Dhingra who, in turn, owns the restaurant. He (PW -19) would assist his father in running the establishment. Shahid (hereinafter referred to as "the deceased"), Sheikh Pappu (PW -4), Mohd. Jaffar (PW -5) and Raju (the first informant) were employed in the restaurant - the former three as cooks and the fourth one as a bearer (waiter). The FIR (Ex. PW -1/B) was registered at 02:20 hours on 12.10.2008 on the basis of rukka (Ex. PW -12/C), sent by ASI Yashpal (PW -12) primarily founded on the statement (Ex. PW -12/B) made by Raju before PW -12, after the latter had reached the place of occurrence pursuant to intimation vide DD No. 32A (Ex. PW -1/A) given telephonically by the said Raju to the Police Station at 23:12 hours on 11.10.2008.

(3.) BY judgment dated 30.03.2012 of the trial court, all the four appellants were held guilty, as charged, by the Additional Sessions Judge. By separate orders, each passed on 04.04.2012, the trial court awarded life imprisonment with fine of Rs. 1,000/ - for offence under Section 302/34 IPC, rigorous imprisonment for five years with fine of Rs. 1,000/ - for offence under Section 307/34 IPC and rigorous imprisonment for two years with fine of Rs. 500/ - for offence under Section 324/34 IPC to each of the four convicts. It was directed that, in case of default in the payment of fine, they shall undergo simple imprisonment for one month, one month and fifteen days respectively. Rahul (A -1) was also awarded rigorous imprisonment for two years with fine of Rs. 500/ - and in default simple imprisonment for 15 days for the offence under Section 25 of Arms Act. All the sentences were directed to run concurrently with benefit of Section 428 Cr.P.C. also accorded.