SRIPAL Vs. STATE

JUDGEMENT

(1.) Appellants Sripal and Mahesh along with one Ramesh (Juvenile) are accused (hereinafter accused party) of committing murder of Ajay and Anil and causing injuries on the person of Kalawati (PW8) (hereinafter complainant party) with such intention and knowledge that if she had died they would have been guilty of murder. By the impugned order the appellants were held guilty for the offence punishable under Sections 302 and 307 read with Section 34 of Indian Penal Code (IPC) and were sentenced to undergo imprisonment for life and to pay a fine of ' 3,000 each or in default of payment of fine to further undergo rigorous imprisonment (RI) for three months each for the offence punishable under Sections 302/34 IPC. They were further sentenced to undergo Rigorous Imprisonment for two years each and pay a fine of ' 2,000 each or in default of payment of fine to further undergo RI for 15 days each. The sentences were to run concurrently.

(2.) Feeling aggrieved the two Appellants have approached this Court by way of two separate Appeals.

(3.) Briefly stated, the case of prosecution is this. The deceased Ajay andAnil, PW3 Deepak Kumar, PW-8 Kalawati and Ram Das, father of Deepak Kumar are residents of House No.A-42/4, Hardevpuri. The Appellants and the members of their family were also residents of the same area. A plot of land opposite the complainant party?s house was vacant. 20/25 days before the occurrence, the accused party started a factory for manufacturing aluminum utensils. According to the prosecution, there was use of acids and chemicals in the utensil?s production. As a result thereof, there used to be emission of toxic and foul smell. The complainant party had been making grievance in this regard to the accused party.