SHISHPAL @ SHISHU Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) These two appeals have been filed by A1 and A3 respectively to overturn the conviction sentencing them for life for the offence punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code, 1860 (for short 'IPC') by the learned Additional Sessions Judge (East) FTC: E-Court, Karkardooma Court, Delhi, as confirmed by the Division Bench of the High Court of Delhi. Of the three accused convicted, only two are before us. The overt act attributed as against these two accused on the basis of Sec. 34 IPC being identical, we deem it appropriate to pass a common order.

(2.) On 10/1/2010 at about 8.00 pm, the deceased and PW4 were standing in the queue before a liquor shop. A-2 (not before us) attacked the deceased by causing a single injury with a knife while the appellants caught hold of him. All the accused reportedly dragged the deceased from the queue of the liquor shop and committed the offence they were charged with.

(3.) Before the trial Court, the prosecution examined 22 witnesses as against 8 by the defence. PW1 is stated to be the wife of the deceased, though there was a candid admission that her first marriage was not dissolved legally. It is her version that all the accused came to the house of the deceased, one of them, namely, the appellant in Criminal Appeal No. 1053 of 2015 (A-1), went inside the house and made inquiries about the whereabouts of the deceased in an agitated manner. A-1 told her that he was Amit (A-2). Thereafter, they left the place, found the accused, and committed the offence. She identified A-1 as A-2. It is her further deposition that she did see A-1 and A-2 in the police station on 12/1/2010 when her statement was recorded. Though she went to the place of occurrence on being informed, she was not seen in the hospital by P.W.11, the Investigation Officer, who initiated the investigation, despite his presence in the hospital till 9.15 pm. It is her further evidence that she did make a call to the police station by using the cellphone owned by PW5, who incidentally turned hostile.