ANIL KUMAR Vs. STATE (GNCT OF DELHI)

JUDGEMENT

(1.) On 04.07.2007, at about 03:25 PM Santosh Kumar son of Shiv Chander aged about 25 years, resident of 158, Lalita Park, Gali No.12, Laxmi Nagar, Delhi received firearm injury near bus stand, traffic light Mayur Vihar, Phase-I, Delhi and died on the spot. At the time of the incident, he was carrying a bag containing cash in the sum of Rupees Eight Lakh Sixty Five Thousand. The first information report (FIR) (Ex.PW1/A) was registered on the basis of statement (Ex.PW2/A) of Miraj Malik (PW2), resident of Toli Mohalla near Chand Masjid, Loni, Ghaziabad, U.P. with allegations to the effect that the appellant had waylaid the victim (the deceased) and after firing at him, had robbed him of the bag containing the money and that he had been apprehended by the first informant (PW2), assisted by his companion Wahid Malik (PW9).

(2.) Two persons, including the appellant, were put to trial in the court of Additional Sessions Judge (East) in sessions case (No.84/2013) on the basis of the report under Section 173 of Code of Criminal Procedure, 1973 (Cr.P.C.), on the charge for offences punishable under Section 120B IPC read with Sections 392, 397, 302 of Indian Penal Code, 1860 (IPC) and Sections 392, 397, 302 IPC read with Section 34 IPC. The appellant faced additional charge for offences punishable under Sections 506 and 411 IPC, and under Section 27 of Arms Act. The other person sent up for trial is named Surender @ Sukkan (real brother of the appellant), his involvement in the crime allegedly having been brought out, on the disclosure made by the appellant, the role attributed to him mainly being that he had aided and abetted by taking the appellant to the scene of crime, on his motorcycle.

(3.) By judgement dated 20.09.2014, Surender was acquitted. The appellant, however, was held guilty and convicted for the offences punishable under Sections 302 IPC, 392 IPC read with Section 397 IPC and under Section 27 of Arms Act. By order dated 27.09.2014, the trial court awarded imprisonment for life with fine of Rs.5,000/ - for offence punishable under Section 302 IPC, rigorous imprisonment for seven years and fine of Rs.3,000/ - for offence punishable under Section 392 IPC read with Section 397 IPC and rigorous imprisonment for seven years with fine of Rs.2,000/ - for offence punishable under Section 27 of Arms Act. The order directed that in case of default in the payment of fine, the appellant would undergo further simple imprisonment for five months, three months and two months respectively. All the substantive sentences have been directed to run concurrently and benefit of Section 428 Cr.P.C. has been granted.