DHARAMBIR SHARMA Vs. STATE

JUDGEMENT

(1.) Appellants Dharambir Sharma and Rakesh Sharma who are father and son challenge the impugned judgment dated April 29, 2014 convicting them for offences punishable under Sections 302/34 IPC and 307/34 IPC and directing them to undergo imprisonment for life for offence punishable under Sections 302/34 IPC with a fine of Rs. 50,000/- and Rigorous Imprisonment for a period of seven years and a fine of Rs. 15,000/- for offence punishable under Sections 307/34 IPC vide the impugned order dated April 30, 2014.

(2.) Assailing the judgment learned counsel for the appellants contends that there are contradictions in the testimony of the alleged eye witnesses as to the number of injuries and the part of the body where the injuries were inflicted. The recovery of alleged weapon of offence cannot be believed. It is the case of the prosecution that the appellants were roaming in the area in the night with blood stained clothes and were apprehended in the morning. The defence evidence has not been considered and the appellants have been falsely implicated. The testimony of PW-18 Nilesh Singh proves the defence version. The presence of Satish Kumar Chand PW-8 at the spot at the time of alleged incident itself is highly doubtful which is demonstrated from the fact that he suffered no injury in the incident despite his brother being beaten. Even as per the post-mortem report the injuries were on the scalp and the neck region and thus no injuries were inflicted on the entire body as alleged. The matter was reported to the police belatedly and thus statements have been fabricated.

(3.) The explanation of the appellants in their statement under Section 313 Cr.P.C are that they have been falsely implicated because of the enmity of the victim's family with Dharambir Sharma in relation to Shani Bazar matter wherein Dharambir Sharma was supporting the Shani Bazar Vendor's Union. The vendors of Shani Bazar indulged in a fight with the deceased and his brother and later fled away from the spot. The actual offenders were not caught and Dharambir Sharma was implicated by taking Dharambir Sharma and his elder son to the Police Station. The appellant Rakesh Sharma was busy organising things for the next morning bhandara and when he learnt that his father Dharambir Sharma and elder brother have been illegally detained in the Police Station, he reached the Police Station where he was also detained. Three defence witnesses i.e. Sita Ram Sharma DW-1, Sushil Kumar Upadhyay DW-2 and Pritam Singh Batra DW-3 have been examined who have deposed that Dharambir Sharma and his elder son were made to sit in the Police Station and they were pressurised to call Rakesh. On Rakesh coming to the Police Station both Dharambir Sharma and Rakesh Sharma were falsely implicated. Sushil Kumar Upadhyay DW-2 further stated that he was Pujari of Hanuman Mandir at Shastri Market, Azad Pur and that on May 13, 2006 Rakesh was present with him from 7.30 PM onwards as Bhandara was for about 100 persons.