AVINASH SHARMA @NANDI Vs. STATE

JUDGEMENT

(1.) COMMITTED to face trial for the offence punishable under Section 302/34 IPC on the allegation that sharing a common intention, the appellants inflicted knife blows on the person of the deceased Virender Singh on February 16, 1992 at about 8.00 P.M., vide impugned judgment dated July 05, 2000 the appellants have been held guilty of the charge framed against  them and have been sentenced to undergo imprisonment for life vide order on sentence dated July 10, 2000.

(2.) OF the two star witnesses of the prosecution, Ravinder Pal PW -2, turned hostile and did not support the case of the prosecution. The second witness: Mahavir Singh PW -16, the father of the deceased Virender Singh has been believed to have witnessed the incident and his testimony has been accepted by the learned trial judge.

(3.) IN the statement Ex.PW -16/A, the informant Mahavir Singh (PW -16) has stated to Inspector H.C.Joshi PW -17 that he resided at House No.9/7122, Mahavir Gali, Gandhi Nagar and on February 16, 1992 at around 8.00 P.M. he was standing on the balcony of his house. He saw his son Virender Singh in the company of accused Amar Singh along with Nandi (the nickname of co -accused Avinash) at the corner of the street. Amar Singh was the son of his sister. He heard the three quarrelling and shouting. Suddenly Amar Singh picked up a pair of scissors from the nearby shop of a betel leaf seller and yelled that today he would finish Virender. On hearing said words he came down from the balcony and saw Virender running on the street towards Ashok Street, chased by Amar Singh and Nandi. The former with scissors in hand and the latter with a knife in his hand. As Virender reached Ashok Street and looked back, Amar Singh stabbed Virender in the stomach with the scissors and Nandi stabbed him on the face. The two then ran away in the direction of the main road. His son fell on the street. His i.e. Mahavir 's wife Maya Devi also reached the spot and the two removed their injured son to LNJP hospital in a TSR where his son was declared brought dead.