SATPAL Vs. STATE

JUDGEMENT

(1.) The two appellants have been produced before us from the prison. Learned Amicus Curiae spoke to them outside the Court. Mr. Sanjay Lao, APP has also spoken to them outside the Court. As noticed in our order dated 28th February, 2013, ASI Rajvir Singh (PW- 3) has not been cross-examined at the Trial Court. PW-3 is the most important witness, as per the Trial Court judgment itself, as he has stated that he had seen the occurrence and detained the appellants immediately thereafter. Learned Amicus Curiae, after talking to the appellants, have averred that they do not want to avail opportunity to cross-examine PW-3. The aforesaid statement has been taken on record.

(2.) These two appeals by Satpal and Raju impugn the common judgment dated 25th May, 2011 convicting them under Section 302 read with Section 34 of the Indian Penal Code, 1860 (IPC, for short) for having committed murder of Ram Sudhar on 13th December, 2007 at about 9.00 P.M. The aforesaid conviction arises out of FIR No. 629/2007, Police Station Bawana. By the order of sentence dated 28th May, 2011, they have been sentenced to life imprisonment and fine of Rs.10,000/- each, in default which they have to undergo rigorous imprisonment for three months.

(3.) The appellants, who are brothers, were detained by ASI Rajvir Singh (PW-3) and Constable Kuldeep Singh, (PW-6), after the incident, therefore, their statements are crucial for the present case.