JAMIL @ JAMIR Vs. STATE (GOVT NCT OF DELHI)

JUDGEMENT

(1.) These 4 appeals are directed against the impugned judgment dated 26th July 2013 passed by the District and Sessions Judge (East), Karkardooma Courts in S.C.No.01/11/2010 arising out of FIR No.306/2010 registered at Police Station ( "?PS "?) Jyoti Nagar convicting the Appellants for the offences under Sections 302 / 34 and 323 / 34 of the Indian Penal Code ( "? IPC "?). The appeals are also directed against the order on sentence dated 29th July 2013 whereby, for the offence under Section 302 / 34 IPC, each of the Appellants were sentenced to imprisonment for life and fine of Rs.10,000/- and in default of payment of fine to undergo simple imprisonment ( "?SI "?) for 6 months. For the offences under Section 323 / 34 IPC, the Appellants were sentenced to undergo SI for 1 year. Case of the prosecution

(2.) The prosecution case begins with a PCR call at 6:58 pm on 29 th June 2010 from one Ramesh giving the place of incident as "?Gali No.1, Kabir Nagar, C-Block "? and information as "caller ke bhai ko goli mar di hai, injured hai". The PCR form also shows that at around 7:04 pm a police team reached Guru Teg Bahadur Hospital ( "?GTB Hospital "?) and noted that Afsar Ali @ Yusuf, son of Shabban Ali, aged around 34 years (the deceased), "ko padosi Yaseen chati par goli maar kar bhag gaya. Inj ko Yusuf ka bada bhai Sarafat Ali pehle hi GTB Hosp le gaya hai. SHO with Staff/Tiger-44 moka par hai". It further states that "Dr. Sahab ne B/dead ghoshit kar diya hai". Therefore, at the very first instance, the information that was available with the police was that the deceased had been shot by Yasin (Accused No.4/A-4) and that Sharafat Ali (PW-1), brother of the deceased, took the deceased to the GTB Hospital where he was declared to be brought dead.

(3.) The information was converted into DD No.20A by S.I. Vinay Pal (PW-