JOGINDER @ DANNY Vs. STATE (NCT) OF DELHI

JUDGEMENT

(1.) The Appellants have preferred two separate appeal i.e. (Crl. A. 336/2017 & Crl. A. 515/2017) under Section 374 Read with Section 482 Cr.P.C., against a common judgment and order on sentence dated 22.02.2017 and 28.02.2017 respectively by which all the Appellants have been convicted under Section 364/120B IPC and sentenced to undergo Life Imprisonment with fine of Rs.15,000/- each and in default to undergo further Simple Imprisonment for one year. For the offence under Section 392/120B IPC they have been sentenced to undergo Rigorous Imprisonment for seven year with fine of Rs.5,000/- each and in default to undergo further Simple Imprisonment for three months; for the offence under Section 302/120B IPC sentenced to undergo Life Imprisonment with fine of 25,000/- each and in default to undergo further Simple Imprisonment for one year; for the offence under Section 201/120B IPC sentence to undergo Rigorous Imprisonment for seven years with fine of Rs.10,000/- each and in default to undergo further Simple Imprisonment for one year, the Appellants have been further convicted for the offence under Section 120B IPC and sentenced to undergo Life Imprisonment with fine of Rs.25,000/- each and in default to undergo further Simple Imprisonment for one year. A-3 is further sentenced to undergo three years Rigorous Imprisonment for the offence under Section 25 Arms Act with fine of Rs.1,000/- in default to undergo Simple Imprisonment for one month. All the sentences were directed to run concurrently. A-3 is further sentenced to undergo three years Rigorous Imprisonment for the offence under Section 411 IPC with fine of Rs.2,000/- in default to undergo Simple Imprisonment for three months.

(2.) The brief facts stated are that on 05.03.2004 a secret information regarding a Santro car having fictitious number being used in heinous crime by criminals which was parked near C- Block, Mangolpuri in front of house of Laxmi Sasan was received at Police Station, Anti-homicide Section Crime Branch, PrahantVihar. On receiving the said information the same was reduced down into writing vide DD No. 25 at 7:10 PM on 05.03.2004 i.e., ExPW45/X. The said secret information was discussed with ACP, Anti-homicide Section, Crime Branch. Thereafter, Inspector Ajay Sharma (PW7) was directed to verify the information. On this direction Inspector Ajay Sharma alongwith SI Satish Dalal (deceased who was armed with service revolver S.N. 1108 alongwith 5 live cartridge), H.C. Yashpal and one secret informer reached from PS Prashant Vihar to B-Block, Mangolpuri. The said team met one Vijay Kumar Swami (deceased) a public person of the local area at about 8 PM who agreed to assist the police team and agreed to join the raiding party. Consequently, he assisted the raiding party who parked their private vehicle near B-Block Mangolpuri near Nirankari Satsang Bhawan. SI Satish and Vijay Kumar Swami left to verify the information in the C-Block, Tonga Stand Gali, Mangolpuri and did not return. Inspector Ajay Sharma was later unable to trace them either telephonically or through any other means which compelled him to pass on the information to the SHO, Mangolpuri and to other senior officers, this information was reduced down into writing vide DD NO. 36A Ex.PW45/M7. The police officials started search of the missing persons in Manglolpuri and in the adjoining areas.

(3.) When SI Satish Dalal and Vijay Kmar Swami could not be traced out, a written complaint was given by Inspector Ajay Sharma at 3AM on 06.03.2004 and on the basis of which FIR No. 139/04 Ex.PW16/A under Section 365 IPC was registered at 3:10 AM at PS Mangolpuri.