PRIYA SWAMI Vs. STATE

JUDGEMENT

(1.) Above referred appeal is directed against the impugned judgement dated 04.10.1999 convicting the appellant Priya Swami under Section 302/392/397 Indian Penal Code and order on sentence dated 16.10.1999 awarding the appellant to undergo life imprisonment for the offence committed under Section 302 Indian Penal Code and was further sentenced to undergo rigorous imprisonment for a period of 5 years each for the offences under Section 392/397 Indian Penal Code.

(2.) The prosecution case as it emerges from the record is that on 05.07.1984, Surinder Kumar made a complaint to the police that his brother Khushi Ram ply (sic) a three wheeler scooter; that on 04.07.1984 at about 11:30 P.M. his brother Khushi Ram came back to the house and informed him and his uncle Ravi Dutt that his H.M.T. Kohinoor watch and Rs.25/- have been robbed by four persons, as a result of which he (Surinder Kumar), his brother Khushi Ram, uncle Ravi Dutt and neighbour Hari Prakash left for searching the said four boys; that on reaching Tapkana Pul, Delhi, they found appellant; that on pointing towards him, appellant started running; that while chasing appellant other 3/4 boys came in front of them and out of them one co-accused Sanjay caught hold of Khushi Ram and other co-accused Raju gave a knife blow toward the left abdomen of Khushi Ram and Sanjay gave lathi blow on the leg of Hari Prakash but Surender Kumar and others did not give up chasing them and when they reached near them his uncle apprehended one of the boys and the boy stabbed on the neck and body of his uncle Ravi Dutt, who fell on the ground; that Surinder and Hari Prakash took Khushi Ram in a three wheeler scooter to Hindu Rao Hospital, got him admitted there and returned to the spot and found that the dead body of his uncle Ravi Dutt was lying there near the Jhuggi and that those four boys have murdered his uncle.

(3.) On the basis of above statement of Surinder Kumar, a case under section 302/307/392/341/34 Indian Penal Code was got registered against the accused persons. Initially the charges were framed against six accused persons, i.e. Mohinder, Lekhraj, Lakhan, Priya Swami, Raju, Panna, Puran and Sanjay. Accused Mohinder and Lekhraj were not committed to the court of Session while accused Raju and Panna died during the trial. Accused Sanjay died during the appeal and his appeal stands abated.