PRABHASH SHARMA Vs. STATE

JUDGEMENT

(1.) The appellants have assailed the judgment dated 5 th December, 2001 finding them guilty of commission of offences under Section 302 read with Section 34 of the IPC and the order of sentence dated 6 th December, 2001 whereby they have been sentenced to imprisonment for life as well as fine.

(2.) The instant case relates to an alleged incident on the 19 th of July, 1997 in which one Mohd Rustam (since deceased) was allegedly beaten and burns inflicted by pouring acid on his person resulting in his death on 28 th July, 1997.

(3.) It was the case of the prosecution that deceased Mohd Rustam, a resident of WZ 85, D-273, Amar Park, Zakhira, Delhi, was a conductor of Truck No.RG 14-A-5518 belonging to Prabhash Sharma - owner of Prabhash Road Lines, Amar Park, Zakhira, Delhi. At about 9.00 clock on 19 th July, 1997, he is alleged to have gone to Shri Prabhash Sharma at his residence in the Karan Memorial Public School, Zakhira (near Ram Kanta) to take his wages for two months. When Mohd Rustam reached the spot, Shri Prabhash Sharma, his brother Manoj and a truck driver Jaibir were present there. Mohd Rustam asked his employer ( maalik?) Prabhash Sharma for the wages for two months at which Prabhash Sharma asked him to sit and that he would be given the money. He was compelled to drink liquor despite refusal and thereafter all three (Prabhash Sharma, Manoj & Jaibir) started beating him. Then Manoj is alleged to have picked up a two litre plastic can containing acid and, while Prabhash Sharma as well as Jaibir are alleged to have held Mohd Rustam, Manoj poured the acid over him. As a result Mohd Rustam started having burning sensation on his body, so much so that he became unconscious and fell down. He regained consciousness in the morning and found that he was lying naked near his jhuggi in an injured condition. His brother Mohd Humayun thereafter took him to the Ram Manohar Lohia Hospital.