ASHOK SEHGAL Vs. STATE

JUDGEMENT

(1.) At the hearing of the above captioned appeal held on 19.4.2010, learned counsel for the appellant conceded that there was sufficient evidence to hold that the appellants, who are father and son and juvenile co-accused Karan Sehgal were the ones who brutally assaulted deceased Gurvinder Singh at about 8:30 PM on 4.3.2004. The only issue requiring consideration was whether the acts of the appellants and their juvenile co-accused Karan Sehgal constitute the offence of murder or the offence of culpable homicide not amounting to murder. At the conclusion of the hearing on 19.4.2010 following order was passed:-

(2.) Needless to state, Ajit Singh PW-2, Karandeep Singh PW-3 and Mangal Singh PW-4 the grandfather, the brother and a neighbour respectively of the deceased Gurvinder Singh were eye-witnesses to the incident and deposed that on 4.3.2004 at about 8:30 PM when they were present near House No.1/41 Lalita Park, Laxmi Nagar, Delhi-110092 they heard noise and on reaching the place from where the noise was coming found that Gurvinder Singh was lying on the ground while appellant Ashok Sehgal, his son and co-appellant Rajiv Sehgal and third son, a juvenile Karan Sehgal were brutally beating Gurvinder Singh and Karan Sehgal was exhorting Aaj isko chodna nahi.

(3.) The motive for the crime was a trivial incident of a dispute while playing cricket a few days prior as conceded before us by learned counsel for the appellants and the State.