MOHD ALI Vs. STATE OF DELHI

JUDGEMENT

(1.) Appellants Mohd. Ali @ Raju @ Fauji and Chhote Lal @ Mota have preferred the present appeal against the judgment dated 24th January, 2001 whereby both the Appellants were convicted under Section 302 read with Section 34 of IPC for having committed murder of Khokha on 13.03.1999 and order on sentence dated 25th January, 2001 whereby they were sentenced to undergo imprisonment for life and fine of Rs. 5,000/- each and in default one year.

(2.) Complainant Devanand Kumar (PW6) arid Manzooria (PW13) were working at Yashpal Garage, Cycle Market, Chandni Chowk. Deceased Khokha was a rickshaw-puller in the same area. Appellants Mohd Ali and Chhote Lal were vagabonds and met their day to day requirements by extracting money from other rickshaw-pullers. It seems that on 13.03.1999 at about 5.15 PM deceased Khokha was present at Yashpal Garage when Mohd. Ali and Chhote Lal demanded money from him for taking liquor to which Khokha refused. There was a scuffle between the deceased and the Appellants. However, the complainant Devanand Kumar and Manzooria intervened and separated them.

(3.) At about 8.45 PM on the same night both the Appellants came to the Cycle Market and took deceased Khokha inside the parade ground. Devanand Kumar and Manzooria followed them on suspicion and saw that Chhote Lal had thrown Khokha on the ground and was sitting on him whereas Mohd. Ali was hitting Khokha, with an iron pipe, on his head repeatedly. Thereafter, Mohd. Ali lifted a heavy stone and hit Khokha on his face. Khokha stopped crying. Devanand Kumar and Manzooria ran towards the Police Post Cycle Market but on their way they met SI Sanjay Sharma, Ct. Jai Prakash and Ct. Anil Kumar who were patrolling the area. On coming to know that deceased Khokha was being hit by iron pipe and a stone, SI Sanjay Sharma reached the spot along with Devanand Kumar and Manzooria and other police staff. They saw both the Appellants dragging the deceased by his legs. Both the Appellants were apprehended at the spot after a little chase. FIR under Section 302 read with Section 34 of IPC was registered and both the Appellants were arrested. On completion of the investigation they were charge-sheeted.