PRADEEP @ VICKY @ARJUN Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This appeal is directed against the order dated 26th May 2018 passed by the learned Additional Sessions Judge, North District, Rohini Courts in SC No.24/2018 arising out of FIR No.610/2017 whereby the Appellant was convicted for the offences punishable under Sections 302 and 341 IPC. The appeals also seeks to challenge the order on sentence dated 28th May 2018 whereby, for the offence punishable under Section 302 IPC, the Appellant was sentenced to undergo imprisonment for life along with fine of Rs. 5,000/- and in default of payment of fine, to undergo simple imprisonment for one year. As for the offence punishable under Section 341 IPC, the Appellant was sentenced to simple imprisonment for one month. Noting the Appellant's economically weak background, the trial Court referred the matter to the District Legal Services Authority (North District) to consider grant of compensation to the parents of deceased.

(2.) At the outset, it requires to be noticed that the first charge against the Appellant was that he along with the co-accused Pankaj @ Vipin ("A-1"), at around 4 pm on 15th July 2017, near H.No.B-26, MCD Colony, Samaypur Badli, obstructed the way of the deceased Rahul by not allowing him to proceed, thereby committing the offence of wrongful restraint punishable under Section 341/34 IPC. The second charge was that both of them, pursuant to their common intention, assaulted the deceased with a knife, thereby causing his death and committing the offence punishable under Section 302/34 IPC. In the impugned judgment, while the Appellant has been convicted for the aforementioned offences, the co-accused A-1 was acquitted of all charges.

(3.) The criminal justice process was set in motion when, at around 4:40 pm on 15th July 2017, a call was received in the PCR informing that a quarrel was going on near B-28, MCD Colony, Samaypur Badli. It was noted in the PCR form (Ex.PW-10/A) at 4:56 pm that "injured ko lekar hospital ja rahe hai". The noting at 5:38 pm was that the injured was Rahul son of Beere, aged around 23-24 years, and that he had been taken to BJRM Hospital at Jahangirpuri where he was declared brought dead. It also noted that according to the doctors, the deceased had a knife injury on his left thigh. It is further noted that it was learnt that a person named Vicky had stabbed the deceased.