FURKAN Vs. STATE

JUDGEMENT

(1.) THE appellants in the above captioned appeals have challenged the judgment and order dated 22.7.2002 passed by the learned Trial Judge convicting them of the offences punishable under Sections 302/307/34 IPC. The appellants have been sentenced to undergo imprisonment for life and to pay a fine in sum of Rs.1,000.00 each for the offence of murder and for the offence punishable under Section 307/34 IPC they have been sentenced to undergo RI for five years and to pay a fine in sum of Rs. 1000.00 each.

(2.) BRIEFLY stated, the case of the prosecution is that at around 5:30 PM on 21.8.1998 appellants Surinder and Furkan along with one more associate were travelling on a two wheeler scooter in a street near House No.RZ-15, Mahinder Park, Uttam Nagar and they hit a dog. The dog belonged to Sanjay PW-18 who was a resident of RZ-15, Mahinder Park, Uttam Nagar. Sanjay questioned the appellants whether they were blind and hence a quarrel ensued. The appellants got enraged and started abusing Sanjay and tried to enter his house. On this, Smt.Bhagwan Devi the sister of Sanjay intervened and slapped appellant Surinder twice. Though at that time the appellants went away, after about half an hour they returned with 5 or 6 more associates. While some, including appellant Furkan caught hold of Sanjay in order to prevent him from intervening, appellant Surinder stabbed Bhagwan Devi in her abdomen. When Vinod Kumar PW-4, son of Bhagwan Devi, who was also present there intervened to save his mother, Surinder stabbed Vinod in his chest region. After stabbing Bhagwan Devi and Vinod, while appellant Furkan and their other associates managed to escape, appellant Surinder was chased by the mob present there and was apprehended and beaten at the spot. Bhawan Devi was immediately taken to DDU Hospital where she was declared brought dead. Vinod PW-4 and appellant Surinder were also taken to the hospital.

(3.) FURTHER investigation was transferred to Insp.Lakhvinder Singh PW-22 who had also reached the spot in the meantime. He inspected the site and after carrying out the necessary investigation, proceeded to DDU Hospital. At the hospital both the injured Vinod PW-4 and appellant Surinder were declared unfit for making a statement. He collected their MLCs. The MLC Ex.PW-20/C of Vinod records 4 incised wounds around the chest of Vinod and one wound on his finger. The injuries were opined to be caused by a sharp edged weapon and were grievous in nature. MLC Ex.PW-20/A of Surinder records 8 injuries on the person of the deceased being 3 bruise injuries on knee, thigh and forearm and 4 abrasion injuries on the thumb, foot, chin and parietal region and 1 CLW on the parietal occipital region.