PANKAJ SHARMA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Since all these appeals have been preferred against a common judgment of conviction dated 24.12.2014 and common order on sentence dated 07.01.2015, therefore, all these appeals are disposed of by this common judgment.

(2.) The present appeals have been filed by the above named appellants, namely, Pankaj Sharma (Crl.A. 255/2015), Manoj Kumar & Rohit Kumar (Crl.A. 270/2015), Ashok Kumar Sharma, Deepak Sharma & Raj Kumar Nai (Crl.A. 302/2015), Sunil Kumar and Anil Kumar (Crl.A. 312/2015), Raj Kumar @ Raja (Crl.A. 329/2015) and Kamal Raj Sharma (Crl.A. 418/2015) under Section 374(2) Cr.P.C. against the judgment dated 24.12014 vide which they have been convicted for the offences punishable under Section 148/452/324/302 read with Section 149 IPC. Appellants Raj Kumar @ Raja and Pankaj have also been convicted for the offence punishable under Section 27 of the Arms Act. Vide order on sentence dated 07.01.2015, all the appellants have been sentenced to undergo life imprisonment and fine of Rs. 1 lakh each and in default of fine, the same has been ordered to be recovered under Section 421 Cr.P.C. for the offence under Section 302 IPC; to undergo rigorous imprisonment for three years and fine of Rs. 5,000/- each, in default of payment of fine to further undergo simple imprisonment for six months for the offence punishable under Section 148 IPC; to undergo rigorous imprisonment for three years and fine of Rs. 10,000/- each, in default of payment of fine to further undergo simple imprisonment for eight months for the offence punishable under Section 324 IPC; to undergo rigorous imprisonment for four years and fine of Rs. 10,000/- each, in default of payment of fine to further undergo simple imprisonment for eight months for the offence punishable under Section 452 IPC; appellants Raj Kumar @ Raja and Pankaj Sharma have been sentenced to undergo rigorous imprisonment for five years and fine of Rs. 10,000/- each, in default of payment of fine to further undergo simple imprisonment for eight months for the offence punishable under Section 27 of the Arms Act.

(3.) The factual matrix emerging from the record is that on 19.12.1997 at about 8.25 p.m., an information was received in the police station Gandhi Nagar vide DD No.26A regarding stabbing of a person at Mandir Wali Gali, Gandhi Nagar. On receipt of such information, SI Amrit Raj along with Ct. Mange Ram reached the spot i.e. House No.1357, Mandir Wali Gali, Gandhi Nagar, Delhi but no eye witness of the incident was found. It was revealed that the injured namely Keshav Sharma and Dharmendra had been removed to the hospital. At about 8.45 p.m., an information was received from the GTB hospital (DD No.27A) that injured Keshav Ram was declared brought dead while injured Dharmendra was under treatment. The case FIR was registered under Section 302 IPC. SI Amrit Raj left for the hospital leaving Ct.Mange Ram at the spot. In GTB Hospital, SI Sanjay Sinha handed over MLCs of Keshav Ram, Dharmendra and Raj Kumar to SI Amrit Raj. Injured Dharmendra handed over his blood stained clothes to the police. A pullanda containing clothes of the deceased was seized.