The main legal point established in the judgment is the requirement for the prosecution to prove the guilt of the accused beyond a reasonable doubt. The judgment emphasizes the importance of credible evidence and the need for the charges to be substantiated by adequate proof.

Dr. S. Muralidhar, J.

Short summary

1. Seven persons were charged with stealing and transporting three cows, a buffalo and a calf, purportedly to a slaughterhouse, in a stolen truck across Delhi in the early hours of 19th January 2013. Four police vehicles gave the truck a chase for over 30 minutes during which exchange of fire took place between the accused and the police. The dramatic chase ended with the rear tyres of the truck getting shot. When the truck stopped, four persons who tried to escape were arrested. One was found in the rear of the truck seriously injured and was brought dead at the hospital. Three others, who according to the police, escaped were later arrested.

2. The trial that ensued ended in all seven accused being convicted by the trial Court for a range of offences including criminal conspiracy, attempt to murder the policemen, injuring one policeman and preventing the police from performing their pubic duty, transporting cattle for slaughter, damaging public property and carrying illegal arms. Each of them was sentenced to a range of sentences, the maximum being imprisonment for life, apart from fine amounts.

3. By this judgment, this Court affirms the conviction of two of them for the offences punishable under Section 307 IPC (attempt to murder) read with Section 34 IPC (sharing a common intention to commit such offence) and for the offences under Sections 25 and 27 of the Arms Act. Their conviction for injuring one policeman and preventing the police from performing their pubic duty has also been affirmed. They have been sentenced to the period undergone by each of them thus far. The remaining five have been acquitted of all the offences.

The present appeals

4. These appeals are directed against the common judgment dated 22nd September 2014 passed by the learned Additional Sessions Judge-II (North-West), Rohini Courts, Delhi (“ASJ”) in Sessions Case No.103/2013 arising out of FIR No.32/2013 registered at Police Station (“PS”) Subhash Place convicting the seven Appellants Ankur Kumar (Accused No.1:A-1), Anwar (A-2), Sanwar (A-3), Khalid (A-4), Tasleem (A-5), Hasrat (A-6) and Asif (A-7) for the following offences:

i. Section 120-B Indian Penal Code (IPC).

ii. Section 120-B IPC read with Section 5 of Delhi Agriculture Cattle Preservation Act (DACP Act) and also under Section 5 of DACP Act.

iii. Section 120-B IPC read with Section 186 IPC and also under Section 186 IPC.

iv. Section 120-B IPC read with Section 332 IPC and also under Section 332 IPC.

v. Section 120-B IPC read with Section 353 IPC and also under Section 353 IPC.

vi. Section 120-B IPC read with Section 307 IPC and also under Section 307 IPC.

vii. Section 120-B IPC read with Section 3 of Prevention of Damage to Public Property Act (PDPP Act) and also under Section 3 of the PDPP Act.

5. Further A-2, A-3, A-6 and A-7 were held guilty of the offences under Sections 25/27 Arms Act. However, no findings were given on the charge under Section 482 IPC. The trial Court observed that the investigation and trial with regard to the said offence was required to be conducted by the competent Court before which the offences under Sections 379 and 411 IPC were being been tried as regards the theft or recovery of the vehicle, i.e. TATA 407 bearing registration HR-38-AS-2616.

6. By a separate order on sentence dated 9th October 2014, which is also challenged in these appeals, the trial Court sentenced the Appellants as under:

i. For the offence under Section 120-B IPC they were each sentenced to rigorous Imprisonment (RI) for 10 years with a fine of Rs.1,000/-, and in default of payment of fine, to undergo simple imprisonment (SI) for five days.

ii. For the offence under Section 120-B IPC read with Section 186 IPC to RI for three months.

iii. For the offence under Section 186 IPC to RI for three months.

iv. For the offence under Section 120-B IPC read with Section 332 IPC to RI for three years.

v. For the offence under Section 332 IPC to RI for three years.

vi. For the o