VICKY @ SUNNY Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) The appellants assail the judgment dated 25th May, 2016 passed in SC Case No. 20/14 arising out of FIR No. 181/09 registered by Police Station Saraswati Vihar whereby they stand convicted for commission of the offences under Sec. 302/365/325/34 of the IPC. Sanjay @ Silencer was also separately convicted for commission of offence under Sec. 25 of the Arms Act. The appellants also assail the order on sentence dated 31st May, 2016 whereby they were sentenced as follows:- <FRM>JUDGEMENT_119_LAWS(DLH)10_2016_1.html</FRM> <FRM>JUDGEMENT_119_LAWS(DLH)10_2016_2.html</FRM> <FRM>JUDGEMENT_119_LAWS(DLH)10_2016_3.html</FRM> <FRM>JUDGEMENT_119_LAWS(DLH)10_2016_4.html</FRM>

(2.) In as much as the appellants were subjected to a common trial and stand convicted by a common judgment dated 25th May, 2016 and sentenced by a common order dated 31st May, 2016, we have considered the appeals jointly and propose to decide them by this common judgment.

(3.) The case against the appellants commenced on telephonic information which was received by police post Rani Bagh on 13th April, 2009 at 11.20 p.m. (Exh.PW20/A) from the Police Control Room that two or three boys were badly beating somebody near the APJ School and that appropriate action be effected by the police. This information was logged as DD No. 43. It is also on record that further telephonic information was received at 12.05 a.m. on 14th April, 2009 at Police Station Saraswati Vihar from ASI Ashok Kumar from the Bhagwan Mahavir Hospital to the effect that one unknown person aged 25 years had been brought dead to the hospital. The deceased was brought to the Bhagwan Mahavir Hospital on 14th April, 2009 at 12.25 p.m. and MLC No. 521 prepared which has been proved on record as Exh.PW-4/A. The MLC notes a clear lacerated wound over the scalp as well as a stab wound on the lower chest. This information was logged as DD No. 2A (Exh.PW23/A).