PARVINDER ALIAS PINKY Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This appeal arises out of conviction of appellants Naveen @ Sunny and Parvinder @ Pinky under Sections 302 IPC and 307 IPC both read with Section 34 IPC vide the impugned judgment dated 21.03.1997. The appellants have been sentenced for the offence under Section 302/34 IPC to undergo imprisonment for life and to pay fine of Rs.2000/- each and in default of payment of fine to undergo RI for further period of one year and for the offence under Section 307/34 IPC, the appellants have been sentenced to undergo RI for seven years and to pay fine of Rs.1000/- each and in default of payment of fine to undergo RI for further period of six months.

(2.) FIR in the instant case was registered at P.S. Chanakya Puri on the basis of statement Ex.PW7/A of the injured witness Dharambir (PW7). Briefly put, case of the prosecution as revealed in the FIR and from the statement of witnesses examined during trial is that on the night of 05.12.1993 at about 10:45 pm, Kadam Singh (PW12) came home and informed PW7 Dharambir that he was beaten by the appellant Naveen @ Sunny and his friends. On this, PW7 Dharambir along with Kadam Singh and his brother Ashok (for short deceased) went to the house of the appellant bearing No.10/30, Rashtrapati Bhawan, New Delhi. Sunny and his family members met them outside their house. They confronted the appellant Sunny and sought explanation as to why he had beaten Kadam Singh (PW12). This resulted in heated exchange of words and suddenly appellant Naveen @ Sunny fetched a hockey from his house. Complainant Dharambir caught hold of Sunny. In the meanwhile, appellant Parvinder took out a knife and inflicted a knife blow on the neck of the deceased Ashok, while saying Dekho Hamari Badmashi Kaise Hoti Hai. After stabbing the deceased, appellant Parvinder then inflicted two knife blows on the abdomen of the complainant Dharambir and a knife blow on his waist. Consequently, the grip of complainant Dharambir loosened and the appellant Sunny hit the complainant with the hockey on his leg. Appellant Parvinder then stabbed Kadam Singh (PW12) with the knife on his leg and shoulder. The incident was witnessed by several persons including PW4 Shiv Kumar.

(3.) On the same night at 11:30 pm, Head Constable Virender Singh of PCR conveyed an information to the Police Post South Avenue about some fight going on near Gate No.35, Block 10, President.s Estate. The information was recorded as DD No.25 (Ex.PW16/A) at the Police Post and was also conveyed to P.S. Chanakya Puri with a request to send some officer there. Said information was recorded as DD No.15A (Ex.PW3/A) at P.S. Chanakya Puri and copy of the DD report was entrusted to SI B.K. Singh (PW22) for necessary action. SI B.K. Singh (PW22) reached at the place of occurrence and found that injured persons had already been removed to RML Hospital. He then proceeded to RML Hospital, leaving Constable Rajpal at the spot to protect the scene of crime. By that time, SI R.K. Ranga (PW23) had also reached the Hospital. The MLCs of the three injured persons, namely, the deceased Ashok, Kadam Singh (PW12) and Dharambir (PW7) were collected. The deceased was declared unfit for making statement, whereas the other two injured persons were fit for statement. SI R.K. Ranga (PW23) recorded statement of injured Dharambir Ex.PW7/A and sent it to the Police Station with his endorsement Ex.PW23/A for the registration of the case.