ARUN Vs. STATE

JUDGEMENT

(1.) Appellants Arun Kumar, Ram Parkash @ Guddu, Krishan Kumar @ Krishna, Prithvi Raj and Rani impugn the judgment dated 26.02.2011 and the order on sentence dated 15.03.2011 passed by the Additional Sessions Judge (ASJ), West 02, Delhi whereby the appellants were convicted for the offence punishable under Section 302/ 34 read with Section 120B of the Indian Penal Code, 1860 (IPC) and were sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/- each. In default of payment of fine, each of the appellant was sentenced to undergo simple imprisonment for six months.

(2.) Succinctly stated, case of the prosecution is that Satdev Rathi (the deceased) was working as a Manager in a factory named K.N. Inter Plast Pvt. Ltd. owned by one Kuldeep Singh Dalal (PW-13). The five appellants were employed in the earlier said factory. It is case of the prosecution that 2-3 months before the incident, appellants Ram Parkash @ Guddu, Krishan Kumar @ Krishna and Prithvi Raj had consumed liquor in the factory while they were on duty and had then misbehaved with the deceased. On account of this misbehaviour, they were expelled from service.

(3.) It is further alleged that appellant Arun Kumar and Rani were in love with each other. One day, Rani and Tarun (brother of Arun) started a quarrel in the factory in a loud voice. They were called in the office and were advised to have patience. It is also alleged that the deceased once found appellants Arun Kumar and Rani in objectionable condition in a vacant room inside the factory. It is also alleged that thereafter appellant Arun Kumar stopped coming to the factory as he was under the impression that his services had been terminated. Thus, grievance of these two sets of appellants is alleged to have given them the motive to eliminate the deceased.