ANWAR AND ORS. Vs. STATE

JUDGEMENT

(1.) All the three appeals arise out of a common order dated 14.02.2014 and order on sentence dated 13.03.2014 by which all the three appellants had been held guilty and convicted under Sec. 302/34 of the Indian Penal Code and sentenced to undergo imprisonment of life and fine of Rs. 20,000/ - each, in default of payment of fine, further simple imprisonment for one year.

(2.) All the three appeals have been heard together and are being decided by a common judgment.

(3.) The case of the prosecution before the learned trial court was that on 21.3.2009 at 6.00 p.m., an information was received in Police Station Jamia Nagar about a person having been injured in firing and lying at N -68, Batla House, near Khalil -Ul -Lah Mosque, New Delhi. The said information was recorded as DD No. 21A. The information was sent to SI Ramjeet through Ct.Raj Kumar. Since Inspr.Amrit Raj was also present in the Police Station copy of DD No. 21A was given to him for further action. Inspr.Amrit Raj along with SI Kameshwar Prasad, HC Qurban Ali, HC Virpal, Ct.Dhir Singh and Ct.Harender reached at spot. SI Ramjeet Singh and Ct.Raj Kumar were present at the spot, besides other public persons. The Police team found that one person, namely, Abdul Hafeez Khan, drenched in blood was lying in a vacant plot, in front of property no.N -85. He was having bullet injuries on his person. His wounds were bleeding and a lot of blood spread on the ground. One used cartridge, on the bottom of which KF 8 mm was engraved, was lying at some distance of the injured. The injured was removed to Holy Family Hospital in official Gypsy by HC Qurban Ali and Ct.Krishan Pal. IO collected the MLC of injured. The injured was shifted to ICU Ward. The treating Doctor declared the injured unfit for giving statement. HC Qurban Ali informed the IO that the injured had disclosed to him that Shaukat Pasha, Akbar Amroha, Rizwan and Anwar had fired at him. This statement was heard by Constable Krishan Pal. The injured succumbed to his injuries.