GAJANAND ALIAS GAJJU Vs. STATE DELHI ADMN

JUDGEMENT

(1.) THE appellant, Gajanand @ Gajju, has been convicted and sentenced in sessions Case No. 72/2006 arising out of FIR No. 296/2004 registered at P. S. Kirti Nagar for having committed the offence punishable under Sections 302/34 and 392/34 IPC and for offence u/s 302/34 was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs 2,000/- and in default of payment of fine to further undergo simple imprisonment for a period of one year. For offence under section 392/34 IPC he was sentenced to undergo rigorous imprisonment for seven years and also pay a fine of Rs 1000/- and in default of payment of fine to undergo simple imprisonment for a period of one year. The appellant was also entitled to benefit u/s 428 Cr. P. C.

(2.) THE case of the prosecution is that on 11. 6. 2004 at about 2. 45 p. m. accused persons namely Gajanand, Anil, Mohd Jahangir committed robbery of wrist watch, ration card and Rs 50/- from Ram Chander. Ram Chander informed his brother Nankai (deceased) about the said incident on which both of them went to catch the culprits. Accused persons were seen going towards Nehru Camp. Ram chander and his brother ran to catch hold of the offenders. The deceased could grab one of the accused Gajananad, on which the accused person namely Mohd jhangir and Anil got there accomplice freed from him and immediately thereafter, Gajananad took out a dagger from his pocket and threatened Ram chander and Nankai to be killed. Deceased not being afraid of, still made an attempt to catch hold of the accused persons on which Mohd Jehangir and Anil caught hold of the deceased from both of his arms and started beating him. Both the accused persons then exhorted to Gajanand to kill Nankai, on which gajanand stabbed Nankai with a dagger 6-7 times on chest, stomach and arms. The stabbing was so powerful that Nankai well on the ground and his interstines came out. Nankai died on the spot. Ct mahinder and Ct Lachu Singh who were on patrolling duty apprehended the accused persons along with the dagger.

(3.) THE appellant aggrieved by the impugned judgment of conviction dated 30. 7. 2008 and order of sentence of 31. 7. 2008, has preferred the present appeal.