SHANKAR Vs. STATE N C T OF DELHI

JUDGEMENT

(1.) This appeal is directed against the judgment and Order on Sentence dated July 5, 1997, whereby the appellants were convicted under Sections 449 and 302 of IPC read with Section 34 thereof and were sentenced to undergo R.I. for life and to pay fine of Rs.2,000/- each or to undergo R.I. for one year each in default under Section 302/34 of IPC and were further sentenced to undergo R.I. for 5 years each and to pay fine of Rs.1,000/- each or to undergo R.I. for 6 months each in default under Section 449/34 of IPC.

(2.) On 20th December 1993 at about 8.42 AM Police Control Room informed Police Station Srinivas Puri that one person had been stabbed in 11/25 Nehru Nagar and had died on the spot. The information was recorded vide DD No. 3A of the Police Station. On receipt of copy of DD, Inspector Ram Kishan, SHO Police Station Srinivas Puri went to the spot and found dead body of deceased Joginder Kumar in the house. He recorded the statement of Hem Lata, wife of the deceased, who met him on the spot. Hem Lata stated that her husband, who was working a lottery shop, had borrowed Rs.3,000/- from Mohan Lal, who was engaged in the business of lottery in Lajpat Nagar. She also stated that for the last 3-4 days Mohan Lal and his son Shankar had been visiting their house and demanding the amount of Rs.3,000/- borrowed by her husband and that they had been seeking time from him for repayment of the loan. She also stated that on 19th December 1993 at about 10.00 PM, when all of them were present in the house, Mohan Lal and Shankar knocked at the door, which was opened by her husband Joginder. On coming inside, Mohan Lal and Shankar started beating her husband. Shankar was carrying a long Suan like weapon with him. When she came forward to save her husband, Mohan Lal pushed her as well as her mother and slapped them. Mohan Lal then caught the hands of her husband, whereas Shankar gave blow, using a Suan like weapon, on the left side of his chest, as a result of which her husband fell on the cot. Thereafter, both of them left after threatening her and her mother-in-law, in case they reported the matter to the police. While leaving, they bolted the door from outside. Thinking that her husband had slept, she did not raise alarm in the night. In the morning she found her husband dead and also noticed blood on the left side of his chest. His vest and shirt were also found soaked with blood. She and her mother-in-law raised alarm and knocked at the door, which was opened by her maternal uncle who was residing in her neighbourhood. She claimed that Shankar and Mohan Lal had murdered her husband.

(3.) The prosecution examined 16 witnesses in support of its case. No witness was examined in defence. PW-3 Shanti Devi, PW-4 Hem Lata, PW-14 ASI Rasal Singh, PW-15 Inspector Ram Kishan and PW-16 Dr. L.C. Gupta are the material witnesses.