The main legal point established in the judgment is the principle of common intention under Section 34 of the Indian Penal Code, which holds a person liable for an offense not committed by them but by another person with whom they shared the common intention.

JUDGMENT :

1. By way of the present appeals, the appellants have assailed the common judgment on conviction dated 08.10.2012 and order on sentence dated 19.12.2012 in FIR No. 697/07 under Sections 307/34 IPC and Sections 25/27/54/59 of the Arms Act, P.S. Nand Nagri whereby all the appellants were convicted under Sections 307/34 IPC and were sentenced to RI for four years along with fine of Rs.25,000/-, in default whereof to undergo RI for one year. It was also directed that the fine imposed i.e., Rs.1,00,000/- (in total) shall be payable to the injured/complainant after the expiry of the period of appeal.

2. As both appeals assail a common judgment, they are taken up together for hearing and are disposed of vide this common judgment.

3. For the sake of felicity, brief facts of the case, as noted by the trial court, are reproduced as under:-

“1. … the prosecution case is that on 13.8.2007 on receipt of DD No.33 SI Rajni Kant along with Const. Rakesh reached the spot i.e. Magnum Coaching Centre, 33 ft road. Harsh Vihar where injured Vinay was found lying unconscious; that SI Ajay Negi also reached at the spot and sent the injured to GTB Hospital through PCR Van. He left Const. Rakesh at the spot and he went to GTB Hospital where he obtained the MLC of injured who was declared fit for statement. In his statement injured Vinay stated that he was working as a driver of the private vehicle of Grijesh Singh, Sub Inspector of Delhi Police. That on 12.08.07 at about 11.30 PM, he reached his house i.e C-2/76, Harsh Vihar, Delhi and after taking meals went to the terrace for sleeping. At-about 12.30 night, he received a telephone call from Bunty from his mobile No. 9211544503. After some time he also received a telephone call from Kuldeep from his mobile No.9990090250 and both of them called him at Devinder's dairy at 33 foota road, Harsh Vihar. Since he knew Bunty and Kuldeep, he reached there within 10 minutes where Bunty, Kuldeep, Amit Sharma (who was Dinesh Giri's friend), Devinder and one other boy were present and were consuming liquor. They offered him liquor. He refused to take liquor as he had to go early the next morning. At this Amit (since expired), Bunty and the unknown boy started abusing and threatening him saying that "tu hamare gang mein shaamil ho ja' (you join our gang). When he refused, Devinder and Kuldeep instigated them by saying that "Iska dimag kharab ho gaya hai, oose theek kerna padega" (He has gone out of his mind, he has to be set right). At this Amit took out a country made pistol and threatened him that "Jo hamara sath nahi dega oose apni jaan se hath dhona padega" (anyone who is not with us will have to pay with his life) and thereafter other four persons also pressurized him to join them. At his refusal, Amit Sharma cuffed him and other four persons caught hold of him and Amit Sharma fired a shot at his chest from the katta with an intention to kill him. Thereafter there was a power cut and it started raining also, all the accused persons caught hold of him and threw him outside the dairy on the road and fled from the spot. When he regained consciousness, he called up at no. 100 from his mobile phone. PCR van came there and rushed him to GTB hospital. He wanted that legal action be initiated against them. SI Rajni Kant seized the clothes of injured Vinay, summoned the crime team, prepared ruqqa and gave it to Const. Rakesh for registration of FIR. Thereafter further investigation was marked to SI Ajay Singh Negi. Photographs of the spot were taken, blood, earth control and bloodstained earth were lifted from the spot. Thereafter accused Kuldeep and Devinder were arrested and their disclosure statements were recorded. On 15.8.2007, accused Bunty @ Dharmender was arrested, his disclosure statement was recorded and pointing out memo was prepared at his instance. On 17.8.2007, accused Suresh surrendered before the court of Ld.M.M. and he was arrested in the present case. His TIP was got conducted. On 15.9.2007, a