RAMPADARATH GAMI Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The appellants, Ram Padarth Gami ( Gami ) and his sons, Manoj and Ashok impugn a judgment and order of the Additional Sessions Judge dated 29.09.2011 in SC No.3/2010. The impugned judgment convicted the appellants for the offence punishable under Sections 302/34 IPC and also sentenced them to undergo imprisonment for life together with other sentences. All the sentences were directed to run concurrently.

(2.) The prosecution had alleged that Dharmender (the complainant) and his friend, Manish Kumar, were drinking juice, in Gami s shop on 13-10-2009, at 09:00 PM, when they saw the shutters of Ashok s adjoining cycle repair shop suddenly being opened. Both saw Gami, Manoj and Ashok strangulating Dinesh, his (the complainant s) brother, with a wire, inside the shop. Dharmender recognized the victim, Dinesh and tried to intervene, by rushing into the shop and shouting out aloud for help. The accused fled the spot. Dharmender went with Dinesh and his friend, Manish to the hospital, where he was brought dead. The police registered a first information report (FIR) based on Dharmender s complaint, and his statement was recorded and despatched to the police station, at 02:10 AM in the morning of 14-10-2009. The FIR (Ex. PW-1/A) was recorded at 02:35 AM.

(3.) The police conducted THE investigations, during which the accused were arrested, exhibits collected, and after conclusion of the proceedings, the charge sheet was filed. The Sessions Court charged the accused for the crimes; they pleaded not guilty, and claimed trial. After considering the testimonies of 18 prosecution witnesses, the exhibits, and other materials on record, the Trial Court, by its impugned judgment, convicted the Appellants.