Vakeel v. State

S.L. BHAYANA, J.

ANIL KUMAR, J.

March 11, 2011 KA

HIGH COURT OF DELHI AT NEW DELHI (1) Crl.A. No. 581/2010 Date of Decision: 11.3.2011 VAKEEL … Appellant Through: Mr. K.B. Andely, Sr. Adv. with Mr. M.L. Yadav, Advocate. Versus STATE OF DELHI. …Respondent Through: Mr. Lovkesh Sawhney, APP for the State. (2) Crl.A. No. 709/2010 MOHD. ALAM … Appellant Through: Mr. Vikram Panwar with Mr. Shivam Batra, Advocates. Versus STATE (N.C.T OF DELHI) …Respondent Through: Mr. Lovkesh Sawhney, APP for the State. (3) Crl.A. No. 715/2010 MOHD. IRFAN … Appellant Through: Mr. S. Azad, Advocate. Versus STATE OF DELHI …Respondent Through: Mr. Lovkesh Sawhney, APP for the State. CORAM: HON'BLE MR. JUSTICE ANIL KUMAR HON'BLE MR. JUSTICE S.L. BHAYANA 1. Whether reporters of local paper may be allowed to see the judgment? Yes 2. To be referred to the reporter or not? Yes 3. Whether the judgment should be referred in the Digest? Yes S.L. Bhayana, J. By this common judgment, we dispose of the appeals of all the three appellants/accused persons, which arise out of the judgment and order of the trial Court dated 12.4.2010 and 15.4.2010. 2. The appellants/accused persons by the impugned judgment dated 12.4.2010 stand convicted under section 302/34 of Indian Penal Code, 1860. By the order on sentence, dated 15.4.2010, all the three appellants have been sentenced to undego Rigorous Imprisonment for life and also to pay a fine of Rs.5000/- each and in default of payment of fine to further undergo RI for another six months each for the offence punishable under section 302/34 of Indian Penal Code. 3. Process of criminal law was set into motion when on 2.5.2003 on receiving DD No.21A, SI Amul Tyagi along with Constable Satpal rushed to the place of occurrence, which was near Nala Road opposite shop of Akhtar, near Gali No.10, Mustafabad, where he found blood was lying on Kachcha Road and some blood was also scattered at some distance in the side of the Gali towards West direction. SI Amul Tyagi came to know that the injured had been removed to GTB Hospital with the help of his friends and neighbors. SI Amul Tyagi left one constable at the spot and he went to GTB Hospital, where he obtained MLC of injured Mohd. Irfan who was declared brought dead. 4. In the hospital, Mohd. Arshad was found present there, who got recorded his statement. In his statement, he stated that he was living at the address given by him with his maternal grandfather and was studying in 8th standard. He came to Delhi about three days ago. He was roaming along with Mohd. Irfan who lived in their street for the last 2/3 days. On 02.05.2003 at about 7-7.30 PM, he was present at the corner of the Gali No. 10 at the shop of Akhtar where he was playing video games and after completing the game he as well as deceased Mohd. Irfan sat on the boundary wall of the drain in front of the shop. Meanwhile accused Vakeel came there along with two other accused persons and accused Vakeel asked them not to sit there and not stare in the opposite direction towards left side where houses are situated and further told them that his girl friend was living in one of the house. Accused Vakeel further threatened them that if they looked towards those houses, he would kill them. He further stated that accused Vakeel started abusing them and when they asked the accused Vakeel and his associates for not doing so, accused Vakeel and his associates went away by saying that "agar asal ke ho to yahi baithe rahna, abhi aakar tumhe maja chakhate hai". Mohd. Arshad and the deceased Mohd. Irfan kept sitting on the wall of the drain. After about 10 minutes, Vakeel returned along with both of his associates and said "Tum bahut ban rahe ho" and now he will kill both of them. Mohd. Vakeel and his associates dragged Mohd. Irfan towards the corner of the gali. Accused Vakeel took out a knife from his pant and both the other accused persons caught hold his hands and when he tried to save him, they threatened him to get aside otherwise they would also kill him. Accused Vakeel gave se