FAYAZ AHMED Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The present appeals have been filed by the appellants, namely, Fayaz Ahmed (Crl.A. 1587/2013), Raj Kumar (Crl.A. 1645/2013) and Amit Chauhan (Crl.A. 1596/2013) under Section 374(2) Cr.P.C., against the common judgment of conviction dated 28.09.2013 vide which, they have been convicted for the offences punishable under Section 302/392 read with Section 34 IPC and section 397 I.P.C., and under Section 25/27 of the Arms Act. Vide common order on sentence dated 30.09.2013, all the appellants have been sentenced to undergo life imprisonment and fine of Rs. 3000/- each and in default of fine, they have been ordered to further undergo simple imprisonment for a period of 3 months for the offence punishable under Section 302/34 I.P.C.; to undergo rigorous imprisonment for seven years and fine of Rs. 2,000/- each, in default of payment of fine to further undergo simple imprisonment for two months for the offence punishable under Section 392/34 IPC.; to undergo rigorous imprisonment for one year and fine of Rs. 500/- each, in default of payment of fine to further undergo simple imprisonment for one month for the offence punishable under Section 25 of the Arms Act; to undergo rigorous imprisonment for three years and fine of Rs. 1,000/- each, in default of payment of fine to further undergo simple imprisonment for one month for the offence punishable under Section 27 of the Arms Act; and to undergo rigorous imprisonment for seven years for the offence punishable under Section 397 IPC.

(2.) The case of the prosecution is that on 11.09.2007, an information was received by SI Kashmiri Lal at 3.37AM vide DD No. 7A, that at factory C274 Mayapuri Phase 2, about 3-4 persons had stabbed a person in his stomach. Upon getting this information, SI Kashmiri Lal and Ct. Mukesh went to the place of incident, where they got to know that the injured was removed to DDU hospital. SI Kashmiri Lal left Ct.Mukesh at the place of incident for its safety, and he himself went to DDU hospital. On reaching the hospital, SI Kashmiri Lal found one injured Nagender s/o Dhaneshwar Yadav, r/o C-274 Backside Phase 2 Mayapuri. The doctor declared him 'unfit' for statement. Thereafter, SI Kashmiri Lal went to the surgery ward where he found one Sh Surinder Prashad Mehto PW12 and got his statement recorded. In his statement, he stated that he has been living at his given address for the last two and a half years, and he works as a helper at C-274 Mayapuri. He stated that he, along with Nagender and Rupender, used to do their duty from 9 a.m. to 9 p.m. at the factory. On the intervening night of 10/11.09.2007, at about 02:30 a.m., some people started to bang the gates of the factory and when the gates were opened, four persons armed with weapons barged inside. Among these people, one was tall and the rest were of average height, between the age bracket of 25-30 years. They came inside and threatened the victim, SP Mehta, Rupinder to switch off the machine, to which they agreed. They further threatened the victims to not make noise or raise an alarm, else they will be killed. Two of the boys kept standing inside and the other two boys removed Aluminium slabs in an auto, stationed outside the factory. When Nagender protested, one of the boys stabbed him in his stomach and injured him. Thereafter, the boys fled from the scene after bolting the doors of the said premises from outside. After sometime, the gate was got opened somehow and Surinder Prashad Mehto went out and informed the owner about the incident. The owner and his son reached the place of incident and Joginder Singh made a call at no.100 and injured Nagender was removed to DDU hospital in a car. Surinder Prashad Mehto further stated that he can identify the said four boys, if produced before him.

(3.) The said statement of Surinder Prashad Mehto was endorsed and SI Kashmiri Lal prepared a rukka vide Ex. PW12/A and the FIR u/s 394/397 IPC was registered vide Ex. PW4/B. The case was registered and was assigned to Insp.Virender Singh. Insp Virender Singh went to the place of incident and prepared a rough site plan at the instance of the complainant, and the crime team was also summoned. The blood stained earth control was lifted and sealed and seized. Upon reaching DDU hospital, the IO/ Insp.Virender Singh came to know that the injured Nagender was declared dead. Pursuant to this, Section 396 IPC was also added. Postmortem of the deceased was conducted on 109.2007 at the DDU hospital and the sealed parcels were got deposited with the MHC(M) by the autopsy surgeon. Thereafter, the dead body was handed over to the relatives of the deceased.