NAVJEET ALIAS PRINCE Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 27th April, 2009 and Order on Sentence dated 30th April, 2009, whereby both the appellants were convicted under section 302 and 307 of the Indian Penal Code (IPC) read with section 34 thereof for committing murder of Sanjay Sharma and attempting to commit murder of the informant Sagar Sharma and were sentenced to imprisonment for life and to pay fine of Rs.5,000/- or to undergo SI for 3 months each in default under section 302/34 of the IPC. Identical sentence was awarded to them under section 307 of the IPC read with section 34 thereof.

(2.) The case of the prosecution, as disclosed in the FIR registered on the statement of Sagar Sharma, nephew of the deceased, is that a quarrel had taken place between the informant Sagar Sharma and the appellant Navjeet on payment of money for purchase of eggs by the informant on 2nd December, 2003. This is also the case of the prosecution that on 3rd December, at about 11.15 p.m. when the informant along with his uncle deceased Sanjay Sharma was returning after attending a marriage reception, the appellants who are brothers, stopped the motorcycle being driven by the deceased, saying that they have been searching him since the previous day, and would teach him a lesson. This was followed by the appellants abusing him. The informant was dragged from the motorcycle and the appellant Tavinder gave knife blows on his left shoulder and stomach. When deceased Sanjay Sharma tried to save him the appellant Navjeet held him whereas Tavinder gave a knife blow on his chest, as a result of which he fell on the ground. Thereafter Tavinder gave a number of knife blows to the deceased. In the meanwhile his uncle Babloo Sharma and the younger brothers of the deceased, namely, Lalit Sharma and Amit Sharma, who also were returning after attending the same marriage reception, stopped there on seeing them. When they raised alarm and rushed towards them, the appellant Tavinder fled away along with his knife, but, the appellant Navjeet was apprehended by Babloo and Lalit Sharma. A number of persons from the public also rushed there on hearing the alarm and Navjeet sustained some minor injuries when he was overpowered by them. The informant and Amit Sharma brought Sanjay Sharma to S.D.N. Hospital where he was declared brought dead. The murder as well as the attempt to commit his murder, according to the informant, was actuated by a feeling to take revenge for the incident which had taken place on 2nd December, 2003.

(3.) The case of the prosecution against the appellants is based on ocular as well as circumstantial evidence. The ocular evidence comprises of the testimony of the informant Sagar Sharma, his uncle Babloo Sharma and younger brothers of the deceased, namely, Lalit Sharma and Amit Sharma. The following circumstances were also alleged by the prosecution against the appellants: