(1.) THIS appeal is directed against the judgment dated 5.4.1997 and Order of Sentence dated 8.4.1997, whereby the appellants were convicted under Sections 120-B and Section 302 of IPC read with Section 34 thereof and were sentenced to undergo imprisonment for life and to pay fine of Rs. 1,000/- each or to undergo R. I. for one month each in default under Section 302/34 of IPC, and were given identical punishment under Section 120B of IPC. It was also directed that the substantive sentences shall run concurrently.
(2.) ON 5th November, 1993, at about 8.50 p.m., Police Control Room informed PS Sultan Puri that an unclaimed gunny bag was lying, on the road going to Village Kironi from Sector 20 of Rohini. On receipt of this information, the police officials reached the spot. On opening the gunny bag, the dead body of a young woman was found inside. The hands, legs and neck of the deceased were found tied with a cotton cord. The dead body was identified to be of one Smt. Pushpa, wife of Mukesh and resident of I-98, Krishna Vihar, Delhi. The Post-mortem Report revealed that cause of death was asphyxia consequent to ligature constriction of neck. Five persons, namely, Mukesh Kumar, husband of the deceased, Bobby alias Sanjiv, brother of Mukesh Kumar, Smt. Veerbala, sister of Mukesh and Sanjiv, Chander Prakash, husband of Veerbala and Dharam Prakash, brother of Chander Prakash, were charge-sheeted on the allegations that they hatched a criminal conspiracy to commit murder of deceased Pushpa and after committing her murder pursuant to that criminal conspiracy, they disposed of her body in a gunny bag.
(3.) PW -1 Ram Pal, PW-2 Ram Kishan, PW-3 Yaad Ram PW-9 Rajbala are the material witnesses.