SUNIL KUMAR Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) THE third appellant, namely, Om Prakash @ Bengali brother of the other two appellants Sunil Kumar and Om Babu @ Pappu expired during the pendency of the present appeal. The present appeal, therefore, has been pressed on behalf of Sunil Kumar and Om Babu @ Pappu.

(2.) THE two appellants along with the deceased appellant Om Babu @ Pappu by the impugned judgment dated 17th September, 1998 stand convicted under Section 302 read with Section 34 Indian Penal Code, 1860 (IPC) for murder of Tejpal at about 8.00 -8.30 p.m. on 2nd October, 1992. By order of sentence dated 19th September, 1998, the two appellants have been sentenced to life imprisonment for the offence under Section 302 read with Section 34 IPC and fine of Rs.5,000/ - each. In default of payment of fine, the appellants have to undergo Rigorous Imprisonment for three months.

(3.) THREE of them took Tejpal to GTB Hospital where doctor declared the injured as brought dead. Police came to the hospital and statement of PW -10 i.e., the complaint Ex.PW10/A was recorded, which is signed by PW -10. PW -10 has deposed that on 3rd October, 1992, he was summoned by the police. He along with Ved Prakash (PW -12) and police had gone to the house of Sunil. The two appellants Sunil and Om Babu @ Pappu along with Om Prakash were arrested while standing at the corner of the street. It may be noted that no recovery pursuant to the alleged disclosure statements was made. Two more persons, namely, Sanjay and Rajjan were also arrested and charge sheeted. Recovery of the alleged knife used is attributed to the disclosure statement made by Sanjay. Trial court has acquitted Sanjay and Rajjan by granting them a benefit of doubt. Trial court disbelieved recovery of the knife at the behest and pursuant to the alleged disclosure statement of Sanjay and has also doubted the use of the said knife in the offence.