VIJENDER AND ORS. Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The present appeal by Vijender and Shyam Sunder challenges their conviction under Section 302 read with Section 34 of the Indian Penal Code, 1860 (IPC, for short) by the judgment dated 15th January, 2000. By order on sentence dated 21st January, 2000, the two appellants have been sentenced to imprisonment for life and to pay fine of Rs.2, 000/- each. In default of payment of fine, they have to undergo Rigorous Imprisonment for six months each.

(2.) The two appellants are brothers. Davender, the third brother was also charge sheeted with them in the FIR No. 122/1998, Police Station Bhajanpura, but the proceedings against Davender abated, when he died while in jail on 17th August, 1998. We have examined the trial court records. An intimation dated 17th August, 1998 was sent from Tihar Jail in which the cause of death of Davender has been stated to be asphyxiation due to hanging. This is suggestive of the fact that he had committed suicide.

(3.) The deceased was one Rajesh @ Mintu, who was taken to Guru Teg Bahadur Hospital by his father Bhagmal, who had appeared and deposed as PW-4. The MLC (Exhibit PW-1/B) was recorded on 7th March, 1998 at 9 P.M. and it records that the patient was brought dead to the casualty. The aforesaid MLC was proved by Dr. R.K. Nagar (PW-1).