SURESH Vs. STATE

JUDGEMENT

(1.) THIS appeal was filed by three accused persons against the judgment and order dated 30-04-1994 passed by the Additional Sessions Judge whereby they were convicted under Section 302/34 IPC and one of them was convicted under Section 324 IPC also and were awarded sentence of life imprisonment for their conviction under Section 302/34 IPC. Accused Suresh was additionally awarded one year 's imprisonment for his conviction under Section 324 IPC but the same was ordered to run concurrently with his other sentence.

(2.) THE appeal qua appellant no.1 Suresh, however, has abated since he has died during the pendency of the appeal and so we have now to decide the fate of the remaining two convicts, namely, Sunder Singh and Surat Singh.

(3.) ON the basis of the said statement of Inder Singh the police had registered FIR under Section 307/34 IPC at 1.40 a.m. on 26/08/89. Since the injured Surinder was declared as brought dead? by the doctor at the St. Stephen 's Hospital the police converted the case into one under Section 302/34 IPC. The investigation commenced. During investigation the police recorded the statement of PW-2 Satyawan who narrated about an incident of fight which took place at a liquor party thrown by the deceased accused Suresh at the house-cum-factory of the deceased Surinder in Laxmi Park to celebrate the birth of his(Suresh 's) nephew(son of accused Sunder). That party was organized on the night of 26th August, 1989 sometime before the above incident of stabbing narrated by Inder Singh and was attended by PW-2 Satyawan, PW-6 Kulwant and the deceased Surinder. During that party there was a quarrel between the deceased accused Suresh and PW-2 Satyawan and at that time the deceased Surinder had sided with Satyawan and had also slapped Suresh. During that incident Satyawan was injured by Suresh. Accused Suresh, Sunder and Surat were arrested and in due course were charge-sheeted. Charge under Sections 302/34 IPC was framed against all the three accused by the Sessions Court. Against the deceased accused Suresh additional charge under Section 27 of the Arms Act was also framed and in respect of the incident in which he had injured Satyawan he was charged under Section 324 IPC also. All the accused had pleaded not guilty and claimed trial.