KRISHAN KUMAR AND ORS. Vs. STATE

JUDGEMENT

(1.) By judgment dated 11th January, 2000, the Additional Sessions Judge, Delhi on conclusion of the trial in Sessions Case No.79/1998, found the two appellants guilty and convicted them for the offence under Section 302 read with Section 34 of the Indian Penal Code, 1860 (IPC), as charged, for the murder of Bharat, a young boy aged about 18 years, committed as a result of the injuries suffered by him in an incident that occurred at about 11.30 A.M. on 6th November, 1997 near House No. H-102, Prem Nagar-I, Gali No.3 within the jurisdiction of police station Sultanpuri. By order on sentence dated 12th January, 2000, the learned trial Judge awarded life imprisonment with fine of Rs.2,000/- each to the two appellants directing that in case of default in payment of fine, the appellants would further undergo Rigorous Imprisonment for four months.

(2.) The case was registered by the police on the basis of the statement (Ex.PW1/A) of Ganga Saran (PW1), father of the deceased Bharat. PW1 was a resident of the aforementioned house in Prem Nagar-I. He was working as a Gardner in Delhi Development Authority (DDA). It is stated that on the date in question i.e. 6 th January, 1997, he was present in his house being on leave. During the course of trial, questions were raised as to the possibility of he (PW1) being on leave and his absence from the duty on the said date, inasmuch as it was a working day. Though, efforts were made to discredit Ganga Saran (PW1) on this count as to his claim with regard to being on leave, no material was brought forth to show facts to the contrary.

(3.) The statement Ex.PW1/A was recorded by Head Constable Zhabar Singh (PW11), who made an endorsement (Ex.PW6/A) and got the FIR (Ex.PW6/B) registered in the police station Sultanpuri at about 6 P.M. on the same date.