YOGESH Vs. STATE (GOVT. OF NCT DELHI)
LAWS(DLH)-2021-11-31
HIGH COURT OF DELHI
Decided on November 30,2021

YOGESH Appellant
VERSUS
State (Govt. Of Nct Delhi) Respondents

JUDGEMENT

SIDDHARTH MRIDUL,J - (1.)The present Criminal Appeals instituted under section 374(2) read with Section 383 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "CrPC ") emanate from a common judgment dated 29.02.2020 and order on sentence dated 06.03.2020 passed by the Ld. Additional Sessions Judge (NDPS), North District, Rohini Courts, Delhi, whereby the Appellants have been convicted and sentenced for committing the murder of the deceased, Vimal Kumar alias Mohit, by stabbing him with a knife whilst robbing his mobile phone.
(2.)By way of the common judgment dated 29.02.2020 and order on sentence dated 06.03.2020, both the Appellants have been convicted for commission of offences punishable under section 302 read with section 34 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC ") and sentenced to undergo rigorous imprisonment for life along with a fine of Rs.10,000/- each, in default whereof, both the Appellants have been sentenced to undergo simple imprisonment for two years, each. For the commission of offences punishable under section 392 read with section 34 of the IPC, both the Appellants have been sentenced to undergo rigorous imprisonment for five years along with a fine of Rs.10,000/- each, in default whereof, both the Appellants have been sentenced to undergo simple imprisonment for one year, each. The Appellant in Criminal Appeal No.626 of 2020 (hereinafter referred to as "Appellant No.2 ") has also been convicted for the commission of offence punishable under section 397 of the IPC has been sentenced to undergo rigorous imprisonment for seven and a half years along with a fine of Rs.10,000/- each, in default whereof, the Appellant No.2 has been sentenced to undergo simple imprisonment for one year. Further, Appellant No.2 has also been convicted for the commission of offence punishable under section 27 of the Arms Act, 1959, and has been sentenced to undergo rigorous imprisonment for four years along with a fine of Rs.10,000/- each, in default whereof, the Appellant No.2 has been sentenced to undergo simple imprisonment for six months. All sentences have been ordered to run concurrently.
(3.)The case of the Prosecution giving rise to the present appeals is that on the intervening night of 13/14.07.2012, information regarding a stabbing incident near Kacha Rasta, Tikri Village was received and pursuant to the same, PW-13 (HC Rajender Singh) alongwith gunman and driver reached the spot and saw a person lying in a pool of blood. The victim was put in the PCR van and taken to SRHC Hospital. A DD No.34A (Ex.PW-6/A) was prepared, pursuant to which, SI Dinesh Dahiya (PW-26) alongwith SI Dinesh (PW-28) reached the spot and came to know that the injured person had been taken to SRHC Hospital. They called the beat staff at the spot and proceeded to SRHC Hospital. After reaching the hospital, it was found by them that the victim had been declared as "brought dead ". Upon inquiry at the hospital, a witness i.e.,PW-3 was found, and his statement was recorded (Ex.PW3/A). As per the statement of PW-3, they were attacked by the Appellants who approached them on their motorcycle. The Appellants stabbed the victim, Mohit, and also robbed him off his mobile phone. They also caught hold of PW-3, but he managed to free himself from their clutches and ran home and informed his uncle (PW-4) of the incident. PW-4 collected some people from the locality and reached back to the spot with PW-3. After reaching back at the spot, they found that victim had been taken to the hospital by the PCR van. They also reached the hospital thereafter and found that the victim had succumbed to the injuries inflicted upon him.


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