SUNIL AND ORS. Vs. STATE (GNCT OF DELHI)

JUDGEMENT

(1.) THE appellants - Sunil and Anil impugn the judgment dated 17.05.2013 and order on sentence dated 22.05.2013 passed by learned Additional Sessions Judge, (East), Karkardooma Courts, Delhi in Sessions Case No. 5/12 arising out of FIR No. 13/11 Police Station Madhu Vihar, Delhi under Sections 307/323/324/34 Indian Penal Code whereby the appellants were convicted for offence under Section 307/34 IPC and were sentenced to undergo rigorous imprisonment for a period of seven (7) years and fine of Rs.10,000/ - each; in default of payment of fine, to further undergo simple imprisonment for a period of six (6) months. They were also granted benefit of Section 428 of Code of Criminal Procedure.

(2.) THE prosecution case, as unfolded by the complainant - Rajbir @ Raju is that he is running a grocery shop near Allah Colony. Anil alongwith his brother used to reside as tenant in the house of Birju in Allah Colony and used to purchase grocery items from his shop. He owed a sum of Rs.1800/ - from him. On 13.01.2011, he demanded his dues from the younger brother of Anil who informed him that the payment will be made by his brother. On 14.01.2011, on receipt of a telephonic call from Anil at about 8 pm asking him to come in the park near Maitri Apartments to take his money, he reached the park where his brother Anil and one more boy whose name was not known to him were present and as soon as he reached there, Anil inflicted knife blows on his back as a result of which he fell down. Thereafter, Sunil and his other brother started hitting him with bricks. Anil gave several knife blows. All ran away after giving beatings to him. In this process his gold chain was also lost.

(3.) ON 02.02.2011 accused - Anil and Sunil surrendered themselves before the Metropolitan Magistrate. After seeking permission from the Court, they were interrogated and arrested by SI Sandeep. During the course of interrogation, they made disclosure statement Ex.PW5/B and Ex.PW8/B. Their police remand was taken. Pursuant to the disclosure statement accused Anil got recovered one knife from the root of Peepal tree in the park of Joshi Colony. The same was seized vide memo Ex.PW5/E. The complainant - Rajbir produced the documents Ex.PW4/C regarding the balance amount which was seized vide memo Ex.PW4/B. During the course of investigation, the clothes of injured and knife were sent to FSL from where results Ex. PX and PY were received. After completing investigation, charge -sheet was submitted against accused - Anil and Sunil under Sections 307/323/324/34 IPC.