AMAR & ANR Vs. STATE (DELHI ADMN)

JUDGEMENT

(1.) The appellants Kishan and Amar have preferred the present appeal against the judgment dated 02.09.1997 and the order on sentence dated 04.09.1997 of the learned Additional Sessions Judge in Session Case No.65/1996 by which they were convicted for committing offences punishable under Section 302/34 IPC. The appellant Kishan was in addition convicted for the offence punishable under Section 27 Arms Act. They were sentenced to undergo imprisonment for life with a fine of Rs. 500/- each for committing offences punishable under Section 302/34 IPC. Kishan was further sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 250/- for committing offence under Section 27 Arms Act. Both the sentences were ordered to operate concurrently.

(2.) Criminal law was set into motion at around 10:30 P.M on 20.05.1993 when Daily Diary No.24 (Ex.PW11/A) was recorded by Ct.Balender Singh at the police post Gambri, PS Bhajanpura, on getting an information from Const.Renu that one Kapil had been stabbed with a churi near the house of one Atul Rehman, Gali No.3, Gautam Vihar.

(3.) Investigation was assigned to ASI Ram Kirpal who with Ct.Manbir reached the spot. On coming to know from the public present there that the injured had been taken to G.T.B.Hospital, they reached there and collected Kapil s MLC. He was unfit to make statement. PW-3 (Kanti Devi), Kapil s mother, in the statement (Ex.PW-3/A) stated to ASI Ram Kirpal that at about 10:30 P.M. her son Kapil had returned after watching a movie and she, with her daughter Neeraj (PW-1) was standing in the street outside their house. The accused Amar Singh S/o Harnath abused Kapil and inquired from him why he was standing there. When Kapil objected to the abuses, Amar Singh called his younger brother Kishan from the house and exhorted him to kill her son. She further stated that thereafter both Amar and Kishan dragged Kapil and took him to another street where Amar caught hold him and Kishan stabbed him with a knife. When she and her daughter Neeraj raised alarm, some people gathered there. Her brother-in-law Surender Kumar (PW-16) and neighbourer Karan Singh (PW-4) attempted to apprehend the acused, but they fled the spot.