RANDHIR SINGH Vs. STATE

JUDGEMENT

(1.) THESE appeals are directed against the judgment and order dated 27.01.1999 by which the appellants have been convicted for offences punishable under Section 323/302/307/34 IPC and vide order on sentence of even date have sentenced the appellants to undergo rigorous imprisonment for life and also to pay fine in sum of '1000 and in default to further undergo RI for 3 months each for offence of murder. For the offence of attempt of murder they have been sentenced to undergo RI for 5 years. For the offence punishable under Section 323 IPC they have been fined '500.

(2.) 3 co-accused Harish Chand @ Bablu, Ram Kumar and Vijay Kumar have been acquitted for the charge under Section 302 and 307 IPC. They have been convicted for the offence punishable under Section 323 IPC for which they have been sentenced to pay fine in sum of '500. The 6th co-accused Ved Prakash had died and hence proceedings qua him stood abated.

(3.) AS per the statement Pratap Singh said that on 23.07.1986 at about 10:45 PM he alongwith Rajinder Singh PW-4 and Rajesh Kumar PW-3 had dinner at Yadav Hotel, while returning to their village Wazirpur they reached near the wall of police station quarters, they saw one crane bearing registration No. DIL-6333 parked in front of a ,,building material shop of Dharamvir (deceased). Sitting in front of his shop, Dharamvir requested the crane driver not to park the same in front of the shop. Crane driver, namely, accused Harish Chander got down from his crane and started abusing Dharamvir saying: "the said place did not belong to his father". Accused Randhir Singh, Head Constable of Delhi Police (Traffic) in charge of crane, who was seated as the co-driver along with another person also started abusing Dharamvir; at that time 3 more persons namely, Ram Kumar, Ved Prakash and Vijay Kumar who were seated at the rear portion of the crane also got down. Thereafter, all attacked Dharamvir and at that time he and Rajesh PW-3 intervened and objected. Rajesh PW-3 was also attacked and accused Randhir secured a ,,belcha from the shop and attacked deceased Dharamvir with the same. At that time accused Randhir continued to tackle Dharamvir and Rajesh PW-3 whereby causing injuries to both. While assaulting the accused were saying that Dharamvir and Rajesh should be killed.