VIDHYA RANI Vs. STATE

JUDGEMENT

(1.) ABOVE referred appeals are directed against the impugned judgment dated 24.01.1997 in Sessions Case No.102/96 emanating from FIR No.440/93 P.S. Seelampur convicting both the appellants under Sections 302/324/34 IPC for having committed the murder of Ram Charit (hereinafter referred to as the deceased) and causing simple injury with a sharp object to Ms. Sangeeta, in furtherance of their common intention, as also the consequent order on sentence of the even date.

(2.) BRIEFLY stated, case of the prosecution is that the deceased Ram Charit was residing in Jhuggi No.E-10-B/37, CPJ Block, New Seelampur, Delhi along with his wife Saraswati, PW2 and daughter Sangeeta, PW9. The appellants Madan Lal and Vidhya Rani were their neighbours. In the evening of 05.08.93, appellant Vidhya Rani accused the complainant Saraswati of sending her daughter Sangeeta to some Bhakth for doing jadoo-tona against her and on this a quarrel ensued between them. On the same night, the deceased Ram Charit came home at around 9:30 pm and after sometime, he went to ease himself. The appellants Madan Lal and Vidhya Rani then came out of their Jhuggi and started abusing the complainant Saraswati and her daughter Sangeeta. On this, complainant and Sangeeta came out of their Jhuggi and requested the appellants to behave. Their neighbour Rajender, PW11 also came and tried to pacify them. Around 10:00 pm, the deceased Ram Charit came back after easing himself and he requested the appellants to refrain from fighting. The appellants retorted by saying that he (the deceased) was favouring his wife and daughter instead of restraining them from fighting. Thereafter, appellant Vidhya Rani fetched a knife from her Jhuggi and gave it to appellant Madan Lal and exhorted him to kill the deceased by saying Mai Ram Charit Ko Pakadti Hu Aur Tu Ram Charit Ko Khatam Kar De, Hamesha Ke Liya Jhanjhat Khatam Kar De. Thereafter, appellant Vidhya Rani caught hold of the deceased from behind and appellant Madan Lal stabbed him twice with the knife. When complainant Saraswati and PW9 Sangeeta tried to intervene, appellant Madan Lal inflicted a knife wound on the person of Sangeeta and appellant Vidhya Rani pushed the complainant down. Thereafter, the appellants ran away. PW11 Rajender Kumar was present at the spot, who helped the complainant in taking the deceased and Sangeeta to GTB Hospital in a three-wheeler scooter. At the GTB Hospital, Ram Charit was declared brought dead.

(3.) PW 12 SI Ramesh Chand Sharma met the wife of the deceased Ms. Saraswati, PW2 at the hospital and recorded her statement Ex.PW2/A, wherein she narrated the above referred facts. The Investigating Officer appended his endorsement Ex.PW12/B on the statement Ex.PW2/A of PW2 Saraswati and sent it to the Police Station through Constable Vinod Kumar for the registration of the case. On the basis of said rukka, formal FIR No.440/93 was recorded at P.S. Seelampur.