DEVENDER ALIAS BITTOO Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) IN these appeals three accused i.e. Devender, Pradeep and Parvesh were convicted for the offences punishable under Sections 302/34/452/149 IPC; the accused Satinder, Dharamvir and Gulab Rai were convicted for the offences punishable under Sections 307/34 IPC and Sections for 452/149 IPC. The appellant Mahender was convicted for the offence punishable under section 452/34 IPC and acquitted of other charges. All the appellants were sentenced to undergo various prison terms; those convicted for the offence punishable under Sections 302/34 IPC were sentenced to imprisonment for life; for other offences, they were sentenced to lesser sentences. Those convicted for offences under Sections 307/34 and 452/149 IPC were sentenced for 3 years' imprisonment and other sentences. Mahender too was sentenced to undergo 3 years' imprisonment. All the sentences were directed to operate concurrently.

(2.) THE incident in this case occurred in the late evening of 27 -11 -1999 at 11:55 PM. The police received intimation - recorded in the form of a Diary entry (DD) Ex. PW -5/C, that there was fighting at House Number 6205, Dev Nagar, Gali No.1, Block No.1. The police station concerned marked the information to Inspector Dinesh Tiwari who deposed during the trial as PW - 22, and Constable Narain Singh, PW - 11. They went to the spot but the victims had been taken to the RML Hospital by the PCR Van. In the hospital they were informed that one Veer had succumbed to injuries and died. They met the injured, Rajendra Prasad (PW -3) and recorded his statement, which formed the basis of the first information report (F I R) that was registered at 2:30 AM in the morning of 28 -11 -1999. The F I R was produced as Ex. PW - 5/A.

(3.) THE prosecution case against the accused was that on 27 -11 -1999 the stone laying ceremony had taken place in the locality where the deceased and his family members including PW -3 lived, in which the street was named as Prabhu Dayal Pareva street. Family members of Prabhu Dayal, who belonged to the Khatik Samaj, lived there. The locality was inhabited by members of another community i.e.the Raiger Samaj. After the function, the Baba Dur, Bal Nath procession took place around 8:30 PM. The members of the Pareva family, including the accused were abusing loudly, in the street, that whoever had broken the stone in which their grandfather's name was engraved (and installed that day, apparently) would not be spared by them. PW -3 in his statement recorded to the police at the hospital, stated that about 11 PM the accused went up the first floor where he used to reside; they called him out, saying that they would teach him a lesson for breaking the stone. PW -3 stated that he opened the door and said that he had not broken the stone; Gulab Rai took hold of him and the Dharambir caught hold of his left hand. It was alleged that the Veer, his nephew came down, at which Dharmbir said that he ought to be taken down, and killed, to teach the Raigar (community) a lesson. PW -3 stated that Pradeep and Pravesh caught hold of Veer, and Mahender caught hold of his collar and dragged him (Veer) down. The two accused who had caught the witness continued to hold him. Devender gave a knife or dagger blow to Veer. He told the other accused that he had finished his work and asked Satinder that he should finish off the others including the complainant. The complainant tried to escape, and staved off blows, but could not avoid a knife injury given by Satinder. He was rescued, by members of the general public.