AAS MOHAMMAD AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) THIS common judgment will dispose of the aforesaid appeals and the revision petition. Appeal No. 34/2000 has been preferred by Aas Mohammad, Akhtar and Sher Mohammad against their conviction under Section 304 Part II read with Section 34 of the Indian Penal Code, 1862 ('IPC') vide judgment dated 24th December, 1999 and the order of Sentence of the same date, sentencing them to Rigorous Imprisonment for 3 years and a fine of Rs. 5,000/ - each. In default of payment of fine, they have to further undergo Simple Imprisonment for one month. State (Govt. of Delhi) has filed Criminal Appeal No. 119/2003 claiming that Aas Mohammad, Akhtar and Sher Mohammad should have been convicted for murder of the deceased Nek Shah under Section 302 read with Section 34 IPC and awarded a more severe sentence, and Vakila, wife of the deceased Nek Shah, has filed Criminal Revision Petition No. 230/2000 praying that the impugned judgment dated 24th December, 1999 should be set aside and a harsher sentence should be awarded to Aas Mohammad, Akhtar and Sher Mohammad.

(2.) VAKILA is present in person along with her son Shamshuddin (PW -8) and has stated that she does not want to press her revision petition. Similar statement was made by Vakila and her son Shamshuddin on the last date of hearing i.e. on 1st May, 2015. We had then questioned them to ascertain whether they were under any pressure, compulsion or threat. This was one of the reasons why we had adjourned the above said appeals and the revision petition filed by Vakila and have taken them up for hearing today.

(3.) LEARNED counsel for the appellants Aas Mohammad, Akhtar and Sher Mohammad has drawn our attention to the post -mortem report of the deceased Nek Shah marked Exhibit PW -4/A and testimony of Dr. Upender Kishore (PW -4). It is urged that Nek Shah had died due to coronary artery disease and the death cannot be attributed to any act of the appellants. Our attention is also drawn to the findings recorded by the trial court for convicting the appellants, Aas Mohammad, Akhtar and Sher Mohammad under Section 304 Part II IPC.