Crl.A.1587, 1596 & 1645 of 2013

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment reserved on:

24.04.2018

%

Judgment delivered on:

16.07.2018

+

CRL.A. 1587/2013

FAYAZ AHMED

.....

Appellant

Through:

Mr. Anvesh Madhukar, Advocate for

the Appellant.

versus

STATE NCT OF DELHI

.....

Respondent

Through:

Ms.Aasha Tiwari, APP for the State

with Insp Naresh Kumar and SI

Surender Kumar, PS Mayapuri.

WITH

+

CRL.A. 1596/2013

AMIT CHAUHAN

.....

Appellant

Through:

Mr.S.B.

Dandapani

Advocate

for

appellant.

versus

STATE (NCT OF DELHI)

.....

Respondent

Through:

Ms.Aasha Tiwari, APP for the State

with Insp Naresh Kumar and SI

Surender Kumar, PS Mayapuri.

AND

Crl.A.1587, 1596 & 1645 of 2013

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+

CRL.A. 1645/2013

RAJ KUMAR

.....

Appellant

Through:

Mr..K. Singhal, Advocate for the

appellant.

versus

STATE (NCT OF DELHI)

.....

Respondent

Through:

Ms.Aasha Tiwari, APP for the State

with Insp Naresh Kumar and SI

Surender Kumar, PS Mayapuri.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

HON'BLE MR. JUSTICE P.S.TEJI

JUDGMENT

P.S. TEJI, J.

1.

The present appeals have been filed by the appellants, namely, Fayaz

Ahmed (Crl.A. 1587/2013), Raj Kumar (Crl.A. 1645/2013) and Amit

Chauhan (Crl.A. 1596/2013) under Section 374(2) Cr.P.C., against the

common judgment of conviction dated 28.09.2013 vide which, they have

been convicted for the offences punishable under Section 302/392 read with

Section 34 IPC and section 397 I.P.C., and under Section 25/27 of the Arms

Act. Vide common order on sentence dated 30.09.2013, all the appellants

have been sentenced to undergo life imprisonment and fine of Rs.3000/-

each and in default of fine, they have been ordered to further undergo simple

imprisonment for a period of 3 months for the offence punishable under

Crl.A.1587, 1596 & 1645 of 2013

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Section 302/34 I.P.C.; to undergo rigorous imprisonment for seven years and

fine of Rs.2,000/- each, in default of payment of fine to further undergo

simple imprisonment for two months for the offence punishable under

Section 392/34 IPC.; to undergo rigorous imprisonment for one year and

fine of Rs.500/- each, in default of payment of fine to further undergo simple

imprisonment for one month for the offence punishable under Section 25 of

the Arms Act; to undergo rigorous imprisonment for three years and fine of

Rs.1,000/- each, in default of payment of fine to further undergo simple

imprisonment for one month for the offence punishable under Section 27 of

the Arms Act; and to undergo rigorous imprisonment for seven years for the

offence punishable under Section 397 IPC.

2.

The case of the prosecution is that on 11.09.2007, an information was

received by SI Kashmiri Lal at 3.37AM vide DD No. 7A, that at factory C-

274 Mayapuri Phase 2, about 3-4 persons had stabbed a person in his

stomach. Upon getting this information, SI Kashmiri Lal and Ct. Mukesh

went to the place of incident, where they got to know that the injured was

removed to DDU hospital. SI Kashmiri Lal left Ct.Mukesh at the place of

incident for its safety, and he himself went to DDU hospital. On reaching the

hospital, SI Kashmiri Lal found one injured Nagender s/o Dhaneshwar

Yadav, r/o C-274 Backside Phase 2 Mayapuri. The doctor declared him

‘unfit’ for statement. Thereafter, SI Kashmiri Lal went to the surgery ward

where he found one Sh Surinder Prashad Mehto PW12 and got his statement

recorded. In his statement, he stated that he has been living at his given

address for the last two and a half years, and he works as a helper at C-274

Mayapuri. He stated that he, along with Nagender and Rupender, used to do

Crl.A.1587, 1596 & 1645 of 2013

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their duty from 9 a.m. to 9 p.m. at the factory. On the intervening night of

10/11.09.2007, at about 02:30 a.m., some people started to bang the gates of

the factory and when the gates were opened, four persons armed with

weapons barged inside. Among these people, one was tall and the rest were

of average height, between the age bracket of 25-3