SURESH KUMAR Vs. STATE

JUDGEMENT

(1.) This appeal was filed by three accused persons against the judgment and order dated 30-04-1994 passed by the Additional Sessions Judge whereby they were convicted under Section 302/34 IPC and one of them was convicted under Section 324 IPC also and were awarded sentence of life imprisonment for their conviction under Section 302/34 IPC. Accused Suresh was additionally awarded one years imprisonment for his conviction under Section 324 IPC but the same was ordered to run concurrently with his other sentence.

(2.) The appeal qua appellant no.1 Suresh, however, has abated since he has died during the pendency of the appeal and so we have now to decide the fate of the remaining two convicts, namely, Sunder Singh and Surat Singh

(3.) The prosecution case regarding the murder of the deceased Surinder is reflected in the first information statement of his brother-complainant Inder Singh (PW-1) who claimed himself to be an eye witness of the occurrence leading to the murder of his brother Surinder. Inder Singh had stated before the police in his statement Ex. PW- 1/A that on 25.8.89 at about 11.45 P.M. he was sleeping in his house no. 416, Saini Mohalla, Nangloi when Madan Singh (PW-3), who was employed at his factory in Laxmi Park, came to him and told that Suresh (the deceased accused) was quarrelling with his brother Surinder (the deceased). On hearing that he went to his cousin brother Ishwar(PW-18) who was residing in house No. 353, Saini Mohalla and woke him up and then they proceeded towards Laxmi Park factory. When they took a turn from the gali towards factory they saw that near the house of Suraj Bhan, Suresh (the deceased accused-appellant no.1) was giving knife blows to his brother Surinder and Sureshs brother Sunder Singh(appellant no.2 herein) and their cousin Surat Singh(appellant no.3 herein) were telling Suresh Maar sale ko, isne bada gadar macha rakha hai. The complainant further stated that on his raising hue and cry bachao-bachao these three persons ran away from the spot.