MUNNA LAL AND ORS. Vs. STATE

JUDGEMENT

(1.) RAM Asre, son of Baijnath ("the victim"), aged about 22 years, resident of jhuggi no. N -116 (also N -23), Indira Vikas Colony, falling within the jurisdiction of police station Mukherjee Nagar ("the police station") suffered homicidal death, on account of stab injuries, received in an incident that took place at about 09:30 PM on 21.03.1997 in front of jhuggi no.A -105 (N -15) in the same slum settlement. The case registered by the police (FIR No. 147/1997) resulted in report of investigation (dated 28.06.1997) under Section 173 Code of Criminal Procedure, 1973 ("Cr.P.C") being submitted. On its basis, the appellants herein were brought to trial in sessions case no.194/1997 on the charge for offence under Section 302 read with Section 34 of Indian Penal Code, 1860 ("IPC"). The appellant Munna Lal ("the first accused") was also tried on the additional charge, under Section 27 of the Arms Act, on the allegation that he had used a dagger in the commission of offence of murder.

(2.) BY judgment dated 25.10.1999, the appellants were held guilty as charged, primarily on the basis of testimony of two local residents viz. Ram Karan (PW11) presented as eye witness and Brij Bhushan (PW12), statedly a witness who had come on the scene in the midst of the crucial sequence of events. By order dated 26.10.1999, the appellants were sentenced to undergo imprisonment for life with fine of Rs. 2000/ -, in default, simple imprisonment for one year, for the offence under Section 302 IPC. The appellant Munna Lal was also sentenced to rigorous imprisonment for three years with fine of Rs. 500/ -, in default simple imprisonment for fifteen days for the offence under Section 27 of the Arms Act.

(3.) THE sentence awarded against appellant Munna Lal (A -1) was suspended during the pendency of his appeal by order dated 17.02.2003. Similarly, the sentence awarded against Ravinder (A -2) was suspended during the pendency of his appeal by order dated 04.04.2003, modified subsequently by orders dated 02.09.2003 and 19.02.2004. When these appeals came up for hearing both of them would not appear. This resulted in duress processes being issued. The presence of Ravinder (A -2) was eventually secured and, on his request, services of Ms.Inderjeet Siddhu, Advocate as an Amicus Curiae were made available to him by Delhi High Court Legal Services Committee. Munna Lal (A -1), however, remained elusive. Since the non -bailable warrants could not be executed, and notices under Section 446 Cr.P.C. to his sureties also did not bear any fruit, proceedings under Sections 82 and 83 Cr.P.C. were initiated. On directions, Delhi High Court Legal Services Committee appointed Mr. Azhar Qayum as an Amicus Curiae for arguing on his behalf.