RAVI AND ORS. Vs. STATE

JUDGEMENT

(1.) On conclusion of investigation into FIR No.403/1997 of PS Badarpur (hereinafter referred to as "the police station"), report under Section 173 of the Code of Criminal Procedure ("Cr.P.C." for short) was filed on 12.9.1997 in the court of Metropolitan Magistrate seeking prosecution for offence punishable under Section 302/34 of Indian Penal Code ("IPC" for short) of five accused persons viz. Prem (accused No.1), Ashok Kumar (accused No.2), Ravi (accused No.3), Kamlesh (accused No.4) and Ramchand (accused No.5). It may be mentioned here that accused No.1-Prem (A-1), accused No.2-Ashok Kumar (A-2), accused No.3-Ravi (A-3) are sons of accused No.5-Ramchand (A-5). Accused No.4-Kamlesh (A-4) is the wife of Ganga Saran whose unnatural death is the subject matter of the case. Upon committal, the five accused were put to trial in the sessions case No.106/98 on the charge for offence punishable under Section 302/34 IPC on the allegations that they, in furtherance of their common intention, had caused burn injuries to Ganga Saran (hereinafter referred to variously as "the victim" or "the deceased") at 8.10 P.M. on 14.6.1997 in House No.B-22, Saurabh Vihar, Hari Nagar within the jurisdiction of the police station as a consequence of which he died during treatment in hospital on 15.6.1997. All the five were held guilty and convicted, as charged, by judgment dated 14.12.1999 passed by the Additional Sessions Judge, New Delhi. By order dated 16.12.1999, they were sentenced by the trial judge to undergo rigorous imprisonment for life with fine of Rs. 500/- each and in default of payment of fine to further undergo rigorous imprisonment for three months each.

(2.) Three criminal appeals were filed impugning the aforementioned judgment and order on sentence. Crl.A.No.30/2000 was preferred by A-5 Kamlesh. Crl.A.No.46/2000 was filed jointly by A-1 Prem, A-3 Ravi and A-5 Ramchand. Crl.A. No.91/2000 was preferred by A-2 Ashok.

(3.) A-4 Kamlesh had been released on bail pending hearing on her appeal. She jumped bail and her presence thereafter could not be secured. She having absconded, her appeal was taken up by another Division Bench (comprising HMJ Sanjay Kishan Kaul and HMJ Ajit Bharihoke) of this Court and dismissed by judgment dated 19.11.2009, primarily for the reason that she had absconded and had not pressed her appeal.