VIJAY AND ORS. Vs. STATE

JUDGEMENT

(1.) On 13.11.1994 at about 11:00 AM Suresh Kumar s/o Attar Singh, aged 30 years suffered unnatural death in village Kanjhawala within the jurisdiction of police station Kanjhawala. His wife Krishna (PW6) statedly suffered grievous injuries in the course of the same incident which became subject matter of investigation of the first information report (FIR) no.121/1994 under Sections 302/307/120-B of Indian Penal Code ("IPC") and under Section 25 Arms Act of police station Kanjhawala.

(2.) On conclusion of investigation into the said FIR, report under Section 173 of the Code of Criminal Procedure ("Cr.P.C.") was submitted. It led to trial in Sessions Case no.29/1995 in the court of Additional Sessions Judge, Delhi. Seven persons were prosecuted on the charge under Section 302/34 IPC for the murder of Suresh Kumar (hereinafter referred to as the "the deceased" or "the victim") and under Section 307/34 IPC for the attempted murder of Krishna (PW6). They would include Vijay s/o Attar Singh, accused no.1 ("A-1"), Parveen s/o Attar Singh, accused no.2("A-2"), Sanjay s/o Attar Singh, accused no.3 ("A-3"), Jagdish s/o Raghbir Singh, accused no.4 ("A-4"), Anand Swarup s/o Raghnath, accused no.5 ("A-5"), Smt. Saroj w/o Parveen, accused no.6 ("A-6") and Smt. Raj Bala w/o Vijay, accused no.7 ("A- 7"), all residents of village Kanjhawala.

(3.) By judgment dated 24.12.1999, A-5 to A-7 were acquitted. The other four were held guilty and convicted on the charge for the offence punishable under Section 302/34 IPC. The charge for the offence under Section 307/34 IPC was held not proved. Instead, the said four were held guilty and convicted for offence punishable under Section 325/34 IPC for having intentionally caused grievous injuries on the person of Krishna (PW6). By order dated 12.01.2000, the learned trial court awarded imprisonment for life with fine of Rs.1000/-, in default further rigorous imprisonment for three months for offence punishable under Section 302/34 IPC and rigorous imprisonment for two years with fine of Rs.500/-, in default rigorous imprisonment for one month each for offence punishable under Section 325/34 IPC, also directing the substantive sentence to run concurrently and convicted persons to be entitled to the benefit of Section 428 Cr.P.C.