BALWAN Vs. STATE

JUDGEMENT

(1.) VIDE impugned judgment dated May 18, 1999, the appellants (brothers) have been convicted for having murdered deceased ,,Vijay and for having attempted to murder ,,Ashok Kumar (brother of Vijay) and for the former offence have been sentenced to undergo imprisonment for life and for the latter to undergo RI for 3 years. Whereas appellant Vijender @ Balli has been held to be the principal offender, appellant Balwan has been convicted with the aid of Section 34 IPC.

(2.) IN a nutshell, the case set up by the prosecution against the appellants (as emerging from the testimonies of the police officials and other witnesses associated with the investigation of the present case) was that on 17.07.1996 at about 09.45 P.M. HC Ram Pal, Duty Officer at PS Jahangir Puri, recorded DD entry No.53B Ex.PW-1/A, to the effect that the Police Control Room had informed that a quarrel had taken place in the street where house bearing Municipal No.J-500, Jahangir Puri is situated. The aforesaid DD entry was marked to SI Nanak Chand PW-15, for investigation who on receipt of the DD entry proceeded to the place of occurrence accompanied by Ct.Sant Ram where he learnt that 2 brothers named Vijay (deceased) and Ashok Kumar who were injured in a quarrel have been removed to Hindu Rao Hospital. Leaving Ct.Sant Ram at the place of occurrence, SI Nanak Chand proceeded to the hospital where he met Ct.Mukesh Kumar PW-2, Duty Constable at Hindu Rao hospital, who informed him that the deceased was declared brought dead at the hospital and that his brother Ashok Kumar is admitted in the emergency ward of the hospital. Thereafter SI Nanak Chand collected the MLCs of the deceased and Ashok Kumar.

(3.) IN his statement Ex.PW-5/A, Ashok Kumar PW-5, the brother of the deceased and an injured himself, stated as under:-