VIRENDER AND ORS. Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The judgment under challenge dated 03.01.2014 convicts Virender @ Viru and Kamal under Section 302 read with Section 34 of the Indian Penal Code (for short "IPC") for murder of Sanjeev Tyagi @ Sanjay. Appellant Virender has also been convicted under Section 27 of the Arms Act, 1959.

(2.) By order on sentence dated 13.01.2014, Virender and Kamal have been sentenced to imprisonment for life, fine of Rs.1 lac and in default of payment of fine to undergo Simple Imprisonment for a period of six months. Fine collected shall be paid to the parents of deceased Sanjeev Tyagi as compensation under Section 357 of the Code of Criminal Procedure, 1973 (Cr.P.C. in short). The appellant Virender has been also sentenced to Rigorous Imprisonment of five years, fine of Rs.2000/- and in default to undergo Simple Imprisonment for seven months for the offence under Section 27 Arms Act. The sentences are to run concurrently and Section 428 Cr.P.C. would apply.

(3.) It has not been disputed and is not under challenge that the deceased Sanjeev Tyagi had suffered firearm injuries on 14.05.2007 at about 7:30 PM at his shop located at RBZ-81, Nihal Vihar, Delhi. Post-mortem on the dead body of Sanjeev Tyagi was performed by Dr. Manoj Dhingra (PW-2) on 15.05.2007 at about 2:00 PM. PW-2 has deposed that Sanjeev Tyagi aged about 28 years was brought to the hospital by Inspector Ishwar Singh on 14.05.2007 at about 8:15 PM and was declared as brought dead. As per the post-mortem report (Ex.PW-2/A) and the deposition of Dr. Manoj Dhingra (PW-2), the deceased had suffered the following injuries: