- (1.)Challenge in this appeal is to the judgment dated 22nd February, 2003 and order on sentence dated 7th March, 2003 arising out of Sessions Case No.133/2000 in case FIR No. 268/2000, PS Sangam Vihar under Sections 302/307/34 IPC vide which the appellant along with co-accused was held guilty of offence under Section 324/34 IPC and 326/34 IPC. All the accused were sentenced to undergo rigorous imprisonment of five years and a fine of Rs.10,000/- each under Section 326/34 IPC, in default of payment of fine to undergo simple imprisonment of six months. Further rigorous imprisonment for one year was awarded to each of the accused persons under Section 324/34 IPC. The substantive sentences were to run concurrently. Out of the fine, if so deposited, an amount of Rs.30,000/- was directed to be paid to legal heirs of the deceased Sunil Kumar as compensation.
(2.)The factual matrix of the case is:-
On 11th July, 2000, on receipt of DD No. 17B Ex. PW 12/B SI Girish Kumar Singh PW15 along with Constable Yad Ram reached near Shubham Vatika, Devli Extn., where he came to know that a quarrel had taken place and injured had already gone to hospital. Thereafter, he along with Constable Yad Ram reached All India Institute of Medical Sciences where injured Sunil S/o Ramprakash and Aas Mohd. were admitted. SI Girish moved an application Ex. PW15/A on which injured Sunil was declared unfit for statement. Injured Aas Mohd. was declared fit for statement. As such, he recorded statement Ex. PW3/A wherein he disclosed that he is resident of A-80, Devli Extn., New Delhi and is a carpenter by profession. On 10th July, 2000, his friend Trilok had a quarrel with Chini and Babloo in respect of some money transaction. On 11th July, 2000 at about 11:00 a.m. Vinod @ Chini, Babloo @ Vicky, Naresh @ Koki and Irshad met him at Subham Vatika where he and his friend Sunil S/o Ram Prakash were standing. All the four persons caught hold of him and Sunil. Vinod @ Chini and Babloo caught hold of him and Naresh @ Koki and Irshad caught hold of Sunil. He tried to save himself from the said persons but Vinod @ Chini took out a knife and gave a knife blow which landed on his right hand. He shouted "Bachao-Bachao" and on this, Babloo @ Vicky exhorted "Aaj tum dono ko jaan se hi khatam kar denge." Thereafter, Vinod @ Chini again inflicted knife injury on his stomach. In the meanwhile, he freed himself from both of them and started running. Thereafter all the four persons caught hold of deceased Sunil. Irshad caught hold of Sunil from his back and Naresh @ Koki who was also having a knife inflicted number of knife injuries on Sunil on his chest and stomach. Irshad exhorted "Isko khatam kar ke hi chodna". In the meanwhile, people gathered there and started pelting stones on those persons. Then they ran away. All the four persons, namely, Vinod @ Chini, Babloo @ Vicky, Irshad and Naresh @ Koki inflicted injuries on him and Sunil with intention to kill them.

(3.)On the basis of this complaint, FIR No. 268/2000 under Section 307/34 IPC was registered at PS Sangam Vihar, New Delhi and investigation started. SI Girish Kumar Singh made endorsement Ex.PW15/C on the statement of Aas Mohd. and sent Constable Yad Ram to police station for registration of the case, on the basis of which FIR Ex. PW12/C was registered by ASI Sarita (PW12). At the instance of PW4 Trilok Singh, site plan Ex. PW15/D was prepared. SI Girish Kumar inspected the place of incident where some blood was lying on the ground. He lifted the blood stained earth and earth control. The same was kept in plastic panni and was sealed with the seal of GKS and were seized vide seizure memo Ex.PW4/C. Thereafter, he along with Constable Yad Ram and Trilok reached A- 10, Devli Extn. New Delhi where Naresh @ Koki was present. He was interrogated. He made a disclosure statement Ex.PW4/E. He was arrested and his personal search was conducted vide Ex.PW4/D. In pursuance to the disclosure statement, accused Naresh pointed out the place of incident vide pointing out memo Ex.PW4/5. He also got recovered a knife from near the place of incident. Sketch of the knife Ex.PW4/F was prepared which was seized vide seizure memo Ex.PW4/A. Thereafter, accused Babloo @ Vicky, Vinod Kumar @ Chini and Irshad Khan were arrested. Vide DD 15A, Ex.PW14/A, an information was received that the injured Sunil has expired in the hospital. On 12th July, 2000, dead body of Sunil was identified by PW7 Jagdish and PW8 Surinder Kumar. Post-mortem on the dead body of Sunil was conducted by Dr. Sanjeev Lalwani. Scaled site plan Ex.PW10/A was prepared. After completing investigation, charge sheet was submitted against all the accused.