MOHD MEHBOOB ALIAS MUNNA Vs. STATE OF DELHI

JUDGEMENT

(1.) Criminal appeals No.812/2000 and 32/2001 seek to challenge the judgment and order of the Sessions Judge in Session Case No.196/98, FIR No.21/98 Police Station Sarojini Nagar whereby the learned Judge vide his judgment dated 1st November, 2000 has held the appellants guilty for an offence under Section 302 IPC r/w Section 34 IPC. Further by order dated 3rd November, 2000 sentenced the appellants to undergo life imprisonment together with the fine of Rs.1,000/- each and in default to undergo simple imprisonment for three months each.

(2.) The facts of the case are that the deceased Subhash aged about 17 years was alleged to have been taken away by Munna and Furkan, the appellants herein, on the night of 24th January, 1998 from the jhuggi of PW-1 Ram Kali for the purpose of meeting call of nature. The dead body of Subhash was recovered on the following morning by PW-1 Ram Kali, who informed the police upon which the Investigating Officer PW-14 Mir Singh reached the spot and began investigation. He recorded the statement of PW-1Ram Kali, which became the FIR. In her deposition she stated that Munna and Furkan had been demanding money from Subhash and had also threatened him with dire consequences about 10 days prior to the occurrence. She also stated that at about 10.30 p.m. Munna and Furkan came to her jhuggi and took Subhash with them on the pretext of going to toilet. She goes on to say that Subhash did not come back on that night and she presumes that he has slept with friends. She further deposed that on the following morning when she went to answer the call of nature she found the dead body of Subhash. According to her there were stab wounds on the stomach of Subhash. She identified the body. In cross-examination the witness denied the suggestion that accused Munna was residing at Muzaffarnagar.

(3.) The prosecution to further strengthen the case examined PW-2, Jagdish, who deposed that on 25th January, 1998 accused Munna and Furkan had come to their house at 10.30 p.m. and taken Subhash with them on the pretext of going to toilet. ?He further deposed that Subhash did not return that evening and the following morning his dead body was found in jungle. He also deposed to the effect that a quarrel had taken place between Subhash on one side and Munna and Furkan on the other side regarding some money. Further PW-3 Har Nath, who is the father of the deceased, deposed to the effect that on 25th January, 1998 at 10.30 p.m. Munna and Furkan had taken Subhash with them and thereafter Subhash did not return.