SUNITA SHARMA Vs. STATE OF DELHI

JUDGEMENT

(1.) THE Appellants Sunita Sharma and Sudhir Sharma have preferred this appeal impugning the judgment dated 07.10.1998 and order on sentence dated 08.10.1998 whereby they have been convicted under Sections 302/324/323/34 IPC and sentenced to undergo life imprisonment with fine of Rs.2,000/ - each for committing the offence punishable under Section 302/34 IPC, further to undergo RI for six months for committing the offence punishable under Section 324/34 IPC and also to undergo RI for one month for committing the offence punishable under Section 323/34 IPC.

(2.) BRIEFLY stating, the prosecution case is that the Appellants before this Court are husband and wife who were residing as tenant in a single room unit just adjacent to the house of the complainant and were having a common compound. Both the parties were having grown -up children. While the Complainant PW -2 Sh.Kuldeep Raj had two sons, the Appellants Sunita Sharma and Sudhir Sharma had a daughter and a son. A day prior to this incident, Kaka ­ the younger son of the Complainant said something to the daughter of the Appellants which was to the disliking of the Appellants. The matter was brought to the knowledge of PW -5 Smt.Chanchal, mother of the deceased Raman @ Kai by Appellant Sunita Sharma.

(3.) ON the basis of complaint Ex.PW2/A made by PW -2 Sh.Kuldeep Raj, case FIR No.27/1993 was registered at PS Preet Vihar. After completion of investigation, chargesheet was filed against both the Appellants. On compliance of requirements of Section 207 CrPC, the case was committed to the Court of Session and registered as Sessions Case No.197/1994. Both the Appellants were charged for committing the offence punishable under Sections 302/307/324/323/34 IPC. As the Appellants pleaded not guilty and claimed trial, prosecution has examined 21 witnesses in support of its case. Appellants were also examined under Section 313 Cr.P.C to enable them to explain the evidence appearing against them. Appellants have produced DW -1 Sh.Surender Kumar, DW -2 Sh.Raghunath and DW -3 Ms.Meenakshi Sharma in their defence.