SHYAM SUNDER AND RAJ KUMAR Vs. STATE

JUDGEMENT

(1.) Shri Shyam Sunder and Shri Raj Kumar, the two real brothers, have been convicted of an offence punishable under Section 302 read with Section 34 of the Indian Penal Code, having caused the murder of their step brother Ram Narain vide judgment dated February 28, 1992, of an Additional Sessions Judge, Delhi and vide subsequent order of even date, they have been sentenced to undergo imprisonment for life and to a fine of Rs.50.00 each and in default to undergo simple imprisonment for one day. Shyam Sunder has been also convicted of an offence punishable under Section 25 of the Arms Act and has been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.50.00 and in default to undergo simple imprisonment for one day. Both these convicts have challenged their convictions and sentences by filing the present appeal.

(2.) Facts of the case, in brief, are that Public Witness 2 Vidyawati, widow of deceased Ram Narain, was living in house No.T-5316, Block 8A, Western Extension Area, Karol Bagh, New Delhi, at the relevant time. Her deceased husband had three step brothers, namely, Gopal Krishan and the two appellants and those step brothers were living with their real mother Smt.Sheila Devi in the adjoining house. The deceased was a three wheeler scooter driver. It appears that the relations between Vidyawati and her husband on the one side and three step brothers of Ram Narain and their real mother on the other side were not happy. It is alleged that on August 13, 1986, at about 9 AM in the morning Smt.Sheila Devi had picked up a quarrel with Vidyawati Public Witness 2 on the question of water being poured in the drain from the roof/terrace of the house of Vidyawati but certain residents in the neighbourhood intervened and pacified the parties. Nanak Chand Public Witness 7, who is cousin of Public Witness 2, is having a milk dairy business at premises No.T-5311 & 5335 on the main road while the houses of Public Witness 2 and of the appellants are located in a lane and those houses are not visible from the spot where allegedly the murder of Ram Narain had taken place and that is the spot near the premises of Nanak Chand. The story of prosecution proceeds that about 6 PM on that very day the appellants had come out of their house after they were informed about the morning incident by Smt.Sheila Devi and they had started hurling abuses at Vidyawati and her husband Ram Narain. Nanak Chand and some other residents of the locality are stated to have intervened and persuaded the appellants to go back to their house.

(3.) It is then alleged that on the same day at about 7 P.M. the two appellants came out of their house while Shyam Sunder gave an exhortation uttering the words "Raju Pakar Ram Narain Ko, Aaj Iska Kam Tamam Kar Dein" meaning thereby asking Raju to catch hold of Ram Narain, whose life would be put to end then and there. Shyam Sunder is stated to have been armed with a dagger at that time. On Raj Kumar-appellant catching hold of Ram Narain from the front, Shyam Sunder-appellant is stated to have stabbed twice Ram Narain on his back. Ram Narain had fallen on the ground while bleeding from his wounds and the appellants had made their escape from the place of occurrence. Nanak Chand and Smt.Vidhyawati had taken Ram Narain to Ganga Ram Hospital in a three-wheeler scooter of Janak Raj Public Witness 14, who is the real son of Nanak Chand. Dr.J.P.N.Gupta, who was working in Ganga Ram Hospital at that time, had prepared the MLC Ex.PW13/A at 7.35 PM and had mentioned that Ram Narain had been brought by Nanak Chand and others with alleged stabbing by a knife ten minutes back after a quarrel and on examination of Ram Narain he found him camatose and gasping and pulse not palpable, blood pressure not recordable and he found following two injuries: