DHARAMBIR SINGH Vs. STATE

JUDGEMENT

(1.) This judgment shall dispose of Criminal Appeal Nos. 87 of 1997 and 95 of 1997 preferred against a common judgment and order dated 28.1.1997 of the Additional Sessions Judge, Shahdara, in Sessions Case No. 127 of 1996, arising out of FIR No. 87/94, Police Station, Seelampur, Delhi, acquitting Shailendra and Shyam Lal of all charges while holding Dharambir Singh and Raj Pal, appellants herein, guilty of offence under Section 302 IPC. The learned Judge by a separate order of the same date has sentenced the appellants to life imprisonment and a fine of Rs. 1,000/- each and, in default, further rigorous imprisonment of two months each.

(2.) Brief facts of the case, as noted in the judgment under challenge, are :

(3.) The prosecution, in order to prove its case, examined 22 witnesses. PW- 1, Sunil Kumar, aged 17 years, is a student. He deposes that the deceased was his friend. On 18.2.1994, this witness was coming from school at about 3.45 p.m. When he reached near Khetwara, he saw people throwing bricks and stones. On inquiry, he was told that the deceased had quarrel with someone. Thereupon, this witness went to the house of the deceased to inform the deceased's elder brother, Hassan Mian. He states that he did not see any occurrence and does not know how the deceased sustained injuries. He denies having made a statement, Ex. PW-1/A. The witness was cross-examined by the Additional Public Prosecutor upon which he states that he did not tell the police of the occurrence on 18.2.1994 and refuses to support Ex.PW-1/A. Consequently, this witness is of no use to the prosecution.