MOHD. RIZWAN Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 29th March, 1997 and Order on Sentence dated 27th March, 1997, whereby the appellants were convicted under Section 302 of the Indian Penal Code, read with Section 34 thereof, and were sentenced to life imprisonment and to pay a fine of Rs. 5000/ - each or to undergo RI for 6 months each in default.

(2.) THE case of the prosecution is that at about 10.30 PM on 15.05.1990, the complainant Mukesh Kumar, PW -2 Ajay Kumar and deceased Ravinder were returning from Block No. 27 of Trilokpuri after purchasing sweets. When they were a little away from the shop of Kaddus, the appellants Mohd. Jalil alias Kale and Mohd Rizwan met them. On seeing deceased Ravinder, Kale told Mohd Rizwan that he was their old enemy, who had stabbed him five six months ago, and therefore should be done away with. Soon thereafter, Mohd Rizwan caught hold of Ravinder, whereas Kale took out a sharp edged weapon which looked like a razor blade, (an ustra) and hit Ravinder on his neck, as a result of which he received a very deep injury and blood started oozing out with great force. He along with Ajay lifted Ravinder and brought him to Block No. 28 where marriage of the daughter of Vijay Pal was being solemnized. Kale and Mohd. Rizwan, who were previously known to him, fled from the place of occurrence, whereas Ravinder was taken to hospital by his brother and father in a three wheeler scooter. Deceased Ravinder later succumbed to the injuries sustained by him.

(3.) PW -1 Mukesh Kumar and PW -2 Ajay Kumar claim to be witnesses of this incident. Mukesh Kumar stated that on 15.05.1990, when they were returning from Block No. 28, Trilokpuri after purchase of Burfi by Ravinder, and came just in front of shop of Kaddus at 10.30 P.M., accused Kale and Rizwan were present there. Rizwan caught hold of Ravinder, whereas Kale gave blow with a sharp edged thing, on the right side below the ear of Ravinder. He identified both the appellants in Court and further stated that about six months before this incident, Ravinder had stabbed Kale, who, for this reason, was harboring a grudge against him. He also claimed that he and Ajay lifted Ravinder and took him to the place where marriage of Vijay Pal's daughter was being solemnized. Ravi, elder brother of Ravinder, and his father Tara Chand removed Ravinder in a three wheeler scooter to a Nursing Home. He also claimed that on 16.05.1990 both the accused were arrested in his presence from near the bus stand near block No. 13 of Trilokpuri and were interrogated. The kurta of Rizwan which was found to be stained with blood was removed on the spot and was seized by the police. Similarly, shirt of the appellant Kale was also got removed and seized by the police.