REHMAN Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 31.07.1997 and Order on Sentence dated 12.08.1997, whereby the appellants were convicted under section 302 of the Indian Penal Code (IPC) read with section 34 thereof and were sentenced to imprisonment for life and to pay fine of '1,000/- each or to undergo rigorous imprisonment for six months each in default.

(2.) The case of the prosecution, in brief, is that on 31.08.1993 there was a severe altercation between deceased Samad on one hand and the appellants Rehman and Mahender on the other hand, when the appellants told the deceased that it was not proper for him to make complaints against others. This is also the case of the prosecution that on 01.09.1993 also there was an altercation between them at about 11:00 A.M. Then, at about 2:30 A.M. they committed murder of Samad on the street of D-Block, New Seema Puri, using a hockey and a danda for the purpose. The informant Rafiq took him to Guru Teg Bahadur Hospital in a rickshaw, where the deceased was declared dead.

(3.) The prosecution examined 16 witnesses in support of its case, one witness was examined in defence.