FURKAN @ YUSUF Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Above appeals are directed against the common judgment of conviction dated 20.04.2009 in Sessions Case No.225/08, FIR No.51/08, Police Station Adarsh Nagar vide which appellant Furkan has been convicted for offences punishable under Section 302 read with Section 34 IPC and section 27 of the Arms Act, whereas other three appellants have been convicted for the offence punishable under Section 302 read Section 34 IPC, and the consequent order on sentence dated 28.04.2009.

(2.) Briefly put, case of the prosecution is that on the intervening night of 14th and 15th February, 2002, one Harsha S/o Ramo informed. Police Station Adarsh Nagar on telephone that his son Sanjay @ Lade has been murdered by Dinesh, Shahid, Masood Ahmed and Yusuf. The information was recorded as DD No.22A and copy of DD report was entrusted to SI Naresh Kumar Bhatia for necessary action. SI, Naresh Kumar Bhatia along with Constable Ravinder left for the spot of occurrence. There he found the dead body of Sanjay lying on the bank of Nala with some portion of the body within the water. There were injuries on the throat as well as other parts of the dead body and blood was lying at the spot. He met the complainant Harsha-PW7 and recorded his statement.

(3.) That Harsha in his statement Ex.PW7/A disclosed that on the intervening night of 14th and 15th February, 2002 at about 12:15 a.m., he was informed by Chowkidar Prem Bahadur that the appellants Dinesh, Shahid, Masood Ahmed and Furkan @ Yusuf were quarrelling with his son Sanjay @ Lade (deceased) and Yusuf was having a knife in his hand. Chowkidar also told the complainant that when he tried to save Sanjay, the appellants threatened him and asked him to go away and that the appellants were taking his son towards the 'khatta' (garbage dumb). On this information, the complainant immediately rushed towards the 'khatta' and searched for his son. When he could not find his son there, he proceeded towards 'Shah Alam Bandh' and on reaching near the 'Bandh', he saw that the appellants had already grounded his son Sanjay @ Lade. Appellants Dinesh and Shahid were holding him from his arms and hair and appellant Masood Ahmed was holding his legs while appellant Furkan @ Yusuf was stabbing him with a knife on his face and neck and while beating him, appellants were also dragging the deceased towards the Nala. PW7 Harsha further stated that before he could reach at the spot, the appellants managed to drag his son into the Nala and when he raised alarm, all the appellants ran away. On reaching the spot, the complainant found his son Sanjay already dead. SI Naresh Kumar Bhatia sent the aforesaid statement of the complainant along with his endorsement to the Police Station for registration of the case and on the basis of the said statement, FIR under Section 302 IPC read with Section 34 IPC was registered and the investigation was taken over by the SHO, Inspector O.P. Meena.