RAM DAS Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) These appeals are preferred against the impugned judgment dated 13th January, 1997 holding the appellants guilty of committing murder of Ravinder @ Pamli and causing simple hurt to Naresh in furtherance of their common intention and convicting them on the charges under Section 302 IPC read with Section 34 IPC and Section 323 IPC read with Section 34 IPC as also the consequent order on sentence dated 16th January, 1997.

(2.) Briefly stated, case of the prosecution is that on 30.04.1992 at about 07:30 pm, PW13 Naresh Kumar, PW2 Vijender and Ravinder @ Pamli (hereinafter referred to as deceased) were having ,,chowmein in the park adjacent to Gujral Tent House in B-Block, Jahangirpuri. The appellants Ram Das, Rakesh and their mother Krishna @ Paro came there. Appellant Ram Das @ Kale gave a push to the deceased, who was sitting on a chair and shouted "Bastard, we have come prepared and shall finish your story today" and appellant Krishna exhorted him by saying "Beta Maro, Haramjadon ko". In the meanwhile, appellant Ram Das @ Kale took out a ,,churi from under his shirt and inflicted a blow with it to the deceased Ravinder @ Pamli. On receiving the ,,churi blow, the deceased ran, saying "Mujhe churi mar dee". Appellant Rakesh @ Khote chased the deceased and caught hold of him from behind on the road adjacent to the park and the appellant Ram Das gave ,,churi blows from the front side on the person of the deceased. When PW13 Naresh tried to rescue the deceased, appellant Krishna picked up a brick and hit Naresh on his head from behind. Appellant Rakesh also assaulted him with legs and fists. Thereafter, all the three appellants ran away shouting that they have accomplished their job.

(3.) PW2 Vijender took the deceased Ravinder to Hindu Rao Hospital in a three wheeler scooter. PW Naresh also followed them to the hospital. In the hospital, the deceased was declared brought dead. The injury on the head of PW Naresh was opined as simple and he was declared fit for statement.