Additional Sessions Judge Sanjay Sharma handed down the jail term to east Delhi residents Faisal and Sahibe Alam, who fired three bullets at bullock-cart puller Ajit Singh, and held them guilty for the offence of murder under section 302 read with section 34 (common intention) of the IPC.
"The accused persons committed the offence after due deliberation. It was not a case of sudden fight or grave provocation. It was a planned murder.
The court, while imposing a fine of Rs 5,000 on each of the convicts, noted that they were unemployed and illiterate and hence were not in a condition to pay a heavy compensation to the victim.
"The convicts are illiterate, young and unemployed. Keeping in view the facts and circumstances, it would not be conducive to justice to put them to heavy fine," it said, and asked the North-East Delhi District Legal Service Authority to consider grant of compensation to victim's family under the Delhi Victims Compensation Scheme.
It also relied on post mortem report which revealed death due to gun shot injuries on the face and chest of the victim.
"This court does not find any legal infirmity in the evidence of Sumit. His evidence finds corroboration from medical and forensic evidence that the holes on the shirt of the deceased were caused by the bullets discharged through a firearm," the court said.
"The case of death was opined as gun shot injury on the face and chest. The injuries were collectively and independently sufficient to cause death in ordinary course of nature," it said while relying on the post mortem report.
After a while, when he was going home with his son, the two accused fired three gun shots at him and fled on a motorcycle, it said.
During the trial, Faisal and Alam pleaded innocence and claimed that they were falsely implicated.
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