MOHD. SARFARAZ Vs. THE STATE (NCT) OF DELHI

JUDGEMENT

(1.) These five appeals are by the accused persons in FIR No. 23/09 registered at PS Jamia Nagar against the judgment dated 29th Feb. 2016 passed by the learned Additional Sessions Judge-02-South East, Saket Court, New Delhi ('ASJ') in Sessions Case No. 49/13 convicting Ahmed Nafees (A-1), Ahmed Shokeen (A-2), Mohd. Israr (A-3), and Mohd. Sarfaraz (A-4) for the offence under Sec. 302/34 Penal Code and Abdul Miraz @ Chhotu (A-5) for the offence under Sec. 302 Penal Code and under section 27 of the Arms Act, 1959.

(2.) These appeals are also directed against the order on sentence dated 3rd March 2016 passed by the learned ASJ whereby

(3.) The information about an incident of bullet firing, which happened at the Jamia Nagar Community Centre, was received at around 10.15 pm on 1st Feb. 2009 by Head Constable ('HC') Rajender Kumar (PW6) from Java-55. PW6 made DD entry Ex.PW6/A in roznamcha Register No. A at Sl. No. 25. The said DD was sent to Assistant Sub Inspector ('ASI') Bengali Babu through Constable Raj Kumar (PW8). PW8 along with Constable Satish and ASI Bengali Babu reached the spot, i.e. Mujib Bagh Community Centre, Noor Nagar, Jamia Nagar and found that a blue colour Maruti van bearing number DL-9C-0661 with front and rear glasses and the side mirrors in a broken condition. On right side of the vehicle, some blood was found on the road.