JEETSINGH Vs. STATE OF DELHI

JUDGEMENT

(1.) Above named three appellants stand convicted of theoffence punishable under Section 302 read with Section 34 of the Indian Penal Codeby the Additional Sessions Judge, Shahdara in Sessions Case No. 65 /1988 and eachof them is sentenced to suffer imprisonment for life and to pay a fine of Rs.2,000/- in default to suffer further rigorous imprisonment for one year.

(2.) . Facts giving rise to the prosecution of appellants could be stated as under:-

(3.) . Appellant No. 2 Gurmukh Singh and appellant No. 3 Kashmira Singh aresons of appellant No. 1 Jeet Singh. Deceased Kartar Singh was the elder brother ofaccused No. 1 Jeet Singh. These three accused were resding alongwith their familymembers in a house at Hardev Puri. But in the riots, which took place after theassassination of Prime Minister Indira Gandhi, the house belonging to the appellants was set on fire. Hence appellant Jeet Singh came to his brother Kartar Singhand Kartar Singh gave him shelter by giving one room of his house and the accusedstarted occupying one room in the house of Kartar Singh. About 8/9 months afterthe accused-appellants came to reside there deceased Kartar Singh suggested hisbrother that the atmosphere was quite calm and there was no danger and thereforeJeet Singh should leave his house and go back to his house. But it seems accusedwere avoiding to pay heed to his advice and they were not taking any steps to leaveKartar Singh's house. Due to the same and on account of activities of children,quarells were taking place between the families of two brothers.