JAI SINGH Vs. STATE DELHI ADMN

JUDGEMENT

(1.) The appellants, Jai Singh and Smt.Savitri Devi, husband and wife, have challenged their conviction by judgement dated 11th October, 2001 under Sections 302/34 of Indian Penal Code for murdering Rakesh Kumar and their sentence to life imprisonment and a fine of Rs.1,000/- each and in default to undergo rigorous imprisonment for one year by order dated 12th October, 2001 in Sessions Case No.350 of 1996, titled as "State v. Jai Singh & Another" arising from the FIR No.434 of 1992, under Sections 307/302/342/34 of the Indian Penal Code, PS S.P. Badli.

(2.) According to the prosecution, a vacant piece of land at the back of the house of the appellants, which was also behind the house of Rakesh, deceased and his family members had led to disputes between the appellants and the family of Rakesh, the deceased. The disputes were going on for some time and on 27th October, 1992, appellant No.1 allegedly went to the house of Rakesh, deceased, and asked him to settle the disputes amicably. At the instance of the appellants, Rakesh, the deceased allegedly accompanied appellant No.1 to his house.

(3.) At about 6/6.15 pm, 10 minutes after Rakesh had left for the settlement of disputes with appellant No.1, PW-8 Sh. Mahender Singh the elder brother of Rakesh heard his voice saying "Bachaao Bachaao". According to PW-8 Sh. Mahender Singh, he went to the house of appellant No.1 and he found the doors of the house closed from inside. He also heard the appellants shouting loudly and saying that they would eliminate Rakesh. Sh. Mahender Singh, therefore, pushed open the door and witnessed the appellants holding the lathies in their hands and Rakesh lying in a pool of blood. According to him, on account of fear he could not muster courage to extricate his brother from the clutches of the appellants and he went to make a call to the police station from a PCO located at a distance of about one and half kilometers on foot. When he had gone to call the police from the PCO, a PCR Van came and removed Rakesh to the hospital. Later on Mahender Singh also went to the hospital where his brother succumbed to his injuries. An FIR No.434 of 1992 was registered.