ATAMBIR SINGH AND ORS. Vs. STATE OF DELHI

JUDGEMENT

(1.) On 12.06.1995 Jitender Kumar son of Sh. Jagdish, 23 years old R/o D-301, Janakpuri was brought to Hindu Rao Hospital by PCR officials (Head Constable Harpal Singh) at about 6:10 PM with stab wounds. He was examined against MLC (Ex.PW-16/A) and given medical treatment. He succumbed to the injuries during treatment and was declared dead at 0210 hours of 13.06.1995. FIR No.233/95 (Ex.PW-13/A) was registered against this backdrop in P.S Adarsh Nagar in the course of investigation into which evidence statedly came to be gathered additionally about the death of Jitender Kumar being homicidal and about attempt having been made to commit murder of Mohinder Singh (PW-6) and Rahul (PW-20) in the course of same occurrence.

(2.) The appellants Sukhwant Singh @ Babla (accused No.1 in trial Court record), (Crl.A.No.399/1998), Atambir Singh @ Chota Babla (accused No.2 in trial Court record) (Crl.A.No.392/1998) and Virender Singh @ Jyoti (accused No. 3 in trial Court record) (respondent in Crl.A.No.439/2013) were brought to trial on the basis of report of investigation into aforementioned FIR. They were charged with offences punishable under Sections 302/34 and 307/34 IPC. The accused No.1 (A-1) also faced additional charge for offence under Section 27 of Arms Act since the investigation had statedly showed he had used his licensed fire arm (Pistol) for firing at PW-6 and PW-20 in an attempt to kill them. All three accused pleaded not guilty whereupon prosecution was called upon to adduce evidence. Mid-way the trial, accused No.3 (A-3) Virender jumped bail and absconded. In due course, he came to be declared a Proclaimed Offender (PO).

(3.) The trial against accused No. 1 (A-1) and accused No.2 (A-2) was concluded and resulted in judgment passed on 20.08.1998 by Sh. G.D. Dhanuka, Additional Sessions Judge (ASJ) finding both of them guilty as charged. After they had been convicted, the learned trial Judge passed the order on sentence on 25.08.1998 awarding imprisonment for life with fine of Rs. 1000/- for the offence punishable under Sections 302/34 IPC (in default of payment of fine further RI for three months each) and Rigorous Imprisonment (RI) of seven years with fine of Rs. 1000/- for the offence punishable under Sections 307/34 IPC (in default of payment of fine further RI for three months each) to both convicted persons besides RI for three years and fine of Rs. 1000/- (in default payment of fine further RI for three months) to A-1 for the offence punishable under Section 27 Arms Act.