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

JUDGEMENT

(1.) The six appellants before us stood trial in Sessions Case No. 32/14 arising out of FIR 427/08 of Police Station, New Friends Colony on the charge for offences punishable under Ss. 302/34 Indian Penal Code, 1860 (IPC) for the murder of Mohd. Anwar son of Mohd. Shahid, under Ss. 307/34 IPC for attempted murder of Mohd. Bilal and Mohd. Aslam (PW -15) and under Ss. 323/34 IPC for voluntarily causing injuries to Joshna Begum (PW -3) and Shilpi (PW -12) in the course of an incident that statedly occurred at about 8.30 PM on 01.07.2008 in front of shop of Bilal, Indira Gandhi Camp, Taimur Nagar, New Delhi. By judgment dated 07.11.2014 of the Additional Sessions Judge, 02 -South East, Saket Courts, New Delhi, they have been held guilty and convicted, as charged. By order dated 20.11.2014 of the learned trial judge, they have been awarded imprisonment for life with fine of Rs. 10,000/ -, in default simple imprisonment for one year for the offence under Sec. 302/34 IPC, rigorous imprisonment for seven years with fine of Rs. 5,000/ - each, in default simple imprisonment for six months for the offence under Sec. 307/34 IPC and rigorous imprisonment for one year each for the offence under Sec. 323 IPC, with set off in terms of Sec. 428 of the Code of Criminal Procedure, 1973 (Cr.P.C).

(2.) The trial judge returned the findings of guilty, primarily believing the eye witness account of Joshna Begum (PW -3) against the appellants Rabi -Ul -Islam (Crl. A. No. 536/2015) accused No. 1 (A -1), Abid (Crl. A. No. 129/2015) accused No. 2 (A -2), Babu (Crl. A. No. 133/2015) accused No. 3 (A -3), Jonny (Crl. A. No. 137/2015) accused No. 4 (A -4), Naseem (Crl. A. No. 135/2015) accused No. 5 (A -5) and Shamim (Crl. A. No. 491/2015) accused No. 6 (A -6). Feeling aggrieved, each of the convicted persons has come up with appeal seeking to assail the impugned judgment and order on sentence.

(3.) Before we proceed to consider the contentious issues, it would be advantageous to take note of certain introductory, or indisputable, facts.