INDER SINGH AND ORS. Vs. STATE OF DELHI

JUDGEMENT

(1.) By the judgment under challenge dated 28th February, 2000, the appellants Inder Singh, his sons Vijay Kumar and Chain Singh and one Sanjay have been convicted under Sec. 302 read with Sec. 34 of the Indian Penal Code, 1860 (IPC, for short) for having murdered Ranbir Singh at about 8.30 P.M. on 28th July, 1996. By order on sentence dated 29th February, 2000, the appellants have been sentenced to imprisonment for life, pay fine of Rs. 2,000/ - each and in default of payment of fine, to undergo rigorous imprisonment for two months each.

(2.) Having heard learned counsel for the parties, we feel and perceive two questions arise for consideration on the basis of the testimony of the eye witnesses Ranvir Singh (PW -1), Jai Pal Singh (PW -2) and Ram Chander (PW -5) and the deposition of Dr. L.T. Ramani (PW -8) and his post mortem report marked Exhibit PW -8/A. The first question is whether the appellants -Inder Singh, Vijay Kumar and Sanjay had shared common intention under Sec. 34 IPC for the offence under Sec. 302/304 IPC and whether the appellant -Chain Singh has been rightly convicted under Sec. 302 IPC or should have been convicted for a lesser offence.

(3.) The undisputed position emerging from the depositions is that on 28th July, 1996, the deceased Ranbir Singh first taken to a clinic and then brought to Maharaja Agrasen Hospital, Punjabi Bagh at about 9 P.M. by his brother Rajbir Singh (PW -5). At that time, the deceased Ranbir Singh was unconscious and not responding to even painful stimuli. He was declared dead at 9.05 P.M. The MLC marked Exhibit PW -16/A records that the deceased was assaulted as told by Ranbir Singh (friend) of 4 Nangloi Extension, Delhi.