ARIF Vs. STATE

JUDGEMENT

(1.) An Additional Sessions Judge, Delhi, vide his judgment dated March 28, 1992, has convicted appellants Mohd. Ari fand Mohd.Chunna of an offence punishable under Section 302 read with Section 34 of Indian Penal Code for having caused the murder of Sultana by causing burn injuries to her on April 22,1990 and vide separate order of the even date, he has sentenced both of them to undergo rigorous imprisonment for life each and to pay fine of Rs.500.00 and in default to undergo rigorous imprisonment for one month each. Mohd.Arif has fiied the appeal (Cr.A.84/ 92) and Mohd .Chunna has filed the appeal (Cr.A. 104/92) challenging their convictions and the sentences.

(2.) Deceased Sultana was aged about 15/16 years at the time of the occurrence. She was daughter of Public Witness-3 Razia and Public Witness-5 Mohd.Umar Din. The family was living in house No.G-4, Sheesh Mahal, Chandni Mahal, Delhi. Mohd.Arif @ Baboo, appellant, is real younger brother of Mohd.Umar Din while appellant Mohd.Chunna admittedly was a close friend of appellant Mohd.Arif.

(3.) 'Mohd.Arif was not having any good relations with his elder brother Mohd.Umar Din and there had taken place some criminal proceedings earlier between them. Documents Ex.Public Witness.H/A, Public Witness.12/A and"Public Witness.12/B, which are the daily diary reports at Police Station Turkman Gate and a calandra under Section 107 and 151 of the Criminal Procedure Code, show that on January 13,1990, Mohd.Arif and Mohd. Azam were found quarelling with Mohd.Umar Din at his shop and they were also threatening him to teach him a lesson and thus the police was called and they were challaned under Sections 107 and 151 Cr.P.C. The cause of real trouble between the brothers is not very clear in evidence.