NAVAL KISHORE @ NAVAL Vs. STATE

JUDGEMENT

(1.) These appeals are against the impugned judgment dated 9 th October 2012 passed by the learned Additional Sessions Judge-01, Central, Tis Hazari Courts, Delhi in Sessions Case No.11/2011 arising out of FIR No.03/2011 registered at PS Anand Parbat convicting the Appellants for the offence under Section 302 read with Section 34 Indian Penal Code ( IPC ) and additionally, the Appellant Chander Prakash @ Chhotu (A-3) for the offence under Section 27(1) of the Arms Act.

(2.) These appeals are also directed against the order on sentence dated 12th October, 2012 whereby the Appellants were sentenced to rigorous imprisonment (RI) for life for the offence under Section 302 read with Section 34 IPC. A-3 was sentenced with fine of Rs.1.5 lakhs and, in default of payment of fine, to further simple imprisonment (SI) for three years. A- 1 - Naval Kishore and A-2 - Devender @ Pappu were sentenced to a fine of Rs.75,000/- each and, in default of payment of fine, to undergo SI for one year. For the offence under Section 27(1) of the Arms Act, A-3 was sentenced to RI for five years with fine of Rs.15,000/- and, in default of payment of fine, to undergo SI for six months. Case of the prosecution

(3.) A call was received by the Police Control Room (PCR) at 2.35 am on 16th January 2011 from one Senthil Kumar stating that a quarrel had taken place in front of 15/80, Gali No.5, Punjabi Basti. The PCR form is marked as Ex.PW-15/A. Another call was made at 2.36 am, by one Naseem stating that a quarrel had taken place in front of 3/98, Punjabi Basti, Gali No.5, Anand Parbat. The PCR form in this regard is marked as Ex.PW-34/DA. In the PCR form (Ex.PW-15/A), it is further noted in the right-hand column that when the PCR van reached the spot at around 3.05 am it was noticed that Babloo, son of Kishan, had had a fight with 3-4 boys and the injured had been taken to the Lady Harding Hospital. Subsequently, it was noticed that at 3.35 am on 16th January 2011 that at Lady Harding Hospital the doctor had declared the injured dead and that there were three bullet wounds in the back and there were injury marks on the wrist. It was further mentioned at this time that Devender, Chander Prakash and Naval had fled from the spot. Post-mortem