MANOJ @ MONU & ANR Vs. STATE

JUDGEMENT

(1.) This appeal is filed by Manoj @ Monu (A-1) and Nand Lal (A-2) and is directed against the judgment dated 23rd January 2017 passed by the learned Additional Sessions Judge, North District, Rohini Courts in Sessions Case No.57970/2016 arising out of FIR No.67/2012 convicting A-1 and A-2 for the offence under Section 302 IPC. It also seeks to challenge the order on sentence dated 2nd February 2017 whereby the Appellants were sentenced to imprisonment for life with fine of Rs.2,000/- and in default of payment of fine, to undergo simple imprisonment for six months.

(2.) Both the accused were charged with having, in furtherance of their common intention, murdered Mukesh @ Sheru (deceased) at around 1am on the intervening night of 1st/2 nd April 2012 in front of a shop at Ambedkar Park, CSA, Rohini with A-1 assaulting the deceased with a sword and A-2 with an iron rod thereby committing an offence under Section 302/34 IPC.

(3.) At around 6 am on 2nd April 2012, a call was received at the police control room about a man lying dead at D-62, Wazirpur Industrial Area. SubInspector (SI) Ved Prakash (PW-23), who was posted at the police post there, received the said information and reached the spot along with Constable (Ct.) Vijay Pal (PW-26) and Ct. Satender (PW-24). They found a rehri on which a man aged about 19 years was lying in an injured condition. He was bleeding from his head and other parts of the body. There was blood on the rehri and on the road as well. There were injuries on the head, neck, left cheek and right arm.