HANS KUMAR Vs. STATE

JUDGEMENT

(1.) The instant appeals have been preferred by the Appellants herein challenging the impugned judgment and order dtd. 25/1/2002 passed by the Additional District and Sessions Court, Tis Hazari, New Delhi (hereinafter referred to as "Trial Court"), convicting the Appellants for the offences under Sec. 302/34 of the IPC in SC No. 93/2000 arising out of FIR No. 723/95 registered at Police Station Janak Puri, Delhi. Vide order of sentence dtd. 1/2/2002, which is also under challenge in the present case, the Trial Court sentenced the Appellants herein to rigorous life imprisonment and a fine of Rs.5,000.00 and in case of default in payment of the fine, each of the convict to undergo further rigorous imprisonment of 1 year.

(2.) Shorn of unnecessary details, the facts leading to the filing of the instant appeal are as follows-

(3.) Learned Counsel for the Appellants submitted that the Trial Court has not appreciated the evidence on record in the correct perspective and has solely relied on the testimony of the deceased's wife, Jagwati (PW-6) while convicting the Appellants herein. It is contended that the Trial Court has erroneously considered PW-5 and PW-6 as eye-witnesses, when there was no one present at the scene when the incident took place. It is stated that there are serious discrepancies in the statements of the witnesses. It is stated that the testimony of PW-6 is not supported by the testimonies of PW-1 and PW-5. PW-1 deposed that he found the body of the deceased and has informed PW-5 and PW-6 about the same. The same stance has been taken by PW-5 as well in her examination, thereby eliminating the possibility of PW-5 and PW-6 being the eye-witnesses of the incident. PW-6 has deposed that the she has witnessed the entire incident from her house, along with her sister-in-law i.e., PW-5, and saw her husband getting killed by Pramod with the help of the Appellants herein which is contrary to the testimony of PW-1 who is an independent witness.