ANIL KUMAR AND ORS. Vs. STATE

JUDGEMENT

(1.) This common judgment would dispose of the aforesaid appeals filed by Manish, Monu and Anil Kumar challenging their conviction under Sections 302, 364, 392, 394 and 201 read with Section 34 of the Indian Penal Code, 1860 (IPC, for short) vide impugned judgment dated 30th May, 2013 in the charge-sheet arising out of FIR No. 50/2008, Police Station Palam Airport. Appellant-Anil Kumar has also been convicted under Section 397, IPC read with Section 25 of the Arms Act. By order on sentence dated 24th June, 2013, the appellants have been sentenced to the following punishments:

(2.) The prosecution relies upon circumstantial evidence, in the absence of any eye-witness stated to have seen the crime, which was committed in the intervening night of 10th and 11th October, 2008.

(3.) N.K. Afzal (P.W. 1), brother of the deceased K.T. Sameer has deposed that the latter was residing and working in Riyadh, Saudi Arabia. K.T. Sameer had come to India and had flown to Delhi from Ahmedabad via Spice-Jet Airlines. K.T. Sameer was supposed to return to Riyadh on 12th October, 2008. During his visit to India, K.T. Sameer had been using his nephew's (P.W. 19's) local mobile phone No. 9846202449. Attempts were made to contact K.T. Sameer, he could not be reached. The phone was switched off. His office people had informed that money had been withdrawn four times from his account from ATMs located around Palam, Delhi by using the debit card allotted/issued to K.T. Sameer. K.T. Sameer was to meet one Sushil Kumar (P.W. 54) of Camel Knitting and Textile Mills at Ludhiana, but he did not meet him. In the said circumstances, P.W. 1 came to Delhi and filed a missing report dated 14th October, 2008 at 6.30 p.m. with Police Station Palam Airport vide DD entry marked Ex. P.W. 1/A. In his cross-examination, P.W. 1 deposed that although he had received copy of statement of account of K.T. Sameer on 15th-16th October, 2008, but he had been earlier telephonically informed that money had been withdrawn via ATMs from the account of K.T. Sameer.