SANJAY @ PANJI Vs. STATE

JUDGEMENT

(1.) These three appeals by Pawan @ Kesu, Sanjay @ Panji and Guddi Devi impugn common judgment dated 17th September, 2009 and order on sentence dated 24th September, 2009 arising out of FIR No.857/2006, Police Station Najafgarh. The three appellants have been convicted under Section 302 read with Section 34 of the Indian Penal Code, 1860 (IPC) for murder of Suman on 5th September, 2006 at about 5.00 p.m. and under Section 323 read with Section 34 IPC for causing simple injuries in furtherance of common intention to Sunita, Dilbagh and Zile Singh between 3.30 pm. to 5.00 p.m., on the same day. The appellants have been sentenced to life imprisonment and fine of Rs.5,000/- each for the offence under Section 302 read with Section 34 IPC and Rigorous Imprisonment of one year each for the offence punishable under Section 323 read with Section 34 IPC. In default of payment of fine of Rs.5,000/-, they have to undergo Simple Imprisonment for six months.

(2.) Guddi Devi is the mother of Pawan and Sanjay is cousin brother of Pawan (son of Guddi's Jeth).

(3.) As per the prosecution version, there were two incidents which occurred on 5th September, 2005 at the shop of Sunita, located at Gali Masjidwali, New Roshanpura, Najafgarh. In the first occurrence, at about 3.30 p.m., the three appellants had caused injuries to Sunita and her husband Dilbagh, who were then taken to Rao Tula Ram Memorial Hospital, Jafarpur, Delhi. The second occurrence happened at about 5.00 p.m. Suman suffered injuries. She was declared brought dead by the same hospital. Zila Singh also sustained injuries in the second occurence.