RANBIR @ PAPPU Vs. STATE

JUDGEMENT

(1.) The present appeals have been preferred by Ranbir @ Pappu, Ravi @ Ashu, Mukesh Kumar and Daulat Ram against the judgment dated 30th August, 2012 passed by the learned Additional Sessions Judge, North West, Rohini, Delhi in case FIR No.1081/2006, P.S. Nangloi whereby the appellants have been convicted under Sections 302/34 of the Indian Penal Code (hereinafter referred to as "IPC"). Vide order on sentence dated 27th November 2012, all the appellants have been sentenced to undergo imprisonment for life and fine of Rs. 8,000/- each and in default of payment of fine, they shall further undergo SI for six months. Benefit of Section 428 of Code of Criminal Procedure (hereinafter referred to as "Cr.P.C.") was ordered to be given to the appellants.

(2.) Briefly stated, the facts giving rise to the present appeals are that complainant Suresh used to visit his widow sister Sarla, widow of late Rajbir Singh, r/o House No.97/1, Village Mundka, Delhi in 8-10 days and his younger brother Sudhir @ Dhillu used to stay at her house from the last 7/8 years for the help of their sister. On 12.10.2006 at about 10.00 p.m., complainant Suresh was sitting on cot in the courtyard of his sister's house and Sudhir also reached there. His sister Sarla told that Pappu had come and was talking of returning the money of Rs.2 lakhs borrowed from her two years ago and she asked Sudhir to bring the money from Pappu. Immediately, Sudhir went outside to bring the money from Pappu. After some time, they heard the noise from the gali "maro sale ko, jyada paise wala banta hai". They also heard the noise of their brother Sudhir "bachao-bachao". The complainant immediately saw in the gali where under the streetlight and near the electric pole adjoining their house, in front of their gate, appellant Ranbir @ Pappu along with the appellants Daulat and Mukesh had caught hold of his brother Sudhir @ Dhillu and giving him leg and fist blows. Appellant Ranbir @ Pappu had caught hold of Sudhir from his neck and his son namely, Ashu (appellant) gave lathi blow on the head of Sudhir. The complainant ran for help of his brother after opening the door. In the meanwhile, appellants gave 2-3 more blows to Sudhir and thereafter Daulat and Mukesh ran on a motor cycle already standing there towards Phirni Road. The appellant Ranbir @ Pappu and Ashu also ran from there in the gali towards the village. Sudhir fell on the ground. In the meanwhile, Sunil and Manish also reached there and shifted Sudhir to Sonia Hospital in the car of one Chand. After examination, the doctors in the hospital declared Sudhir "brought dead". Police was informed and DD No.45A was recorded. ASI Om Prakash along with Constable John Patrick reached at the spot and came to know that the victim Sudhir was already shifted to Sonia Hospital. FIR under Sections 302/34 IPC was registered and the investigation was marked to Insp. R.S. Malik.

(3.) On 26.10.2006, appellant Ranbir and Ashu were arrested. Appellant Ashu got recovered the lathi with the help of which he hit Sudhir from his house. The appellant Daulat and Mukesh were also arrested who were friends of Ranbir. The appellant Mukesh got recovered the motor cycle bearing registration No.DL4SAY-5392.