DALIP KUMAR ALIAS PINKI Vs. STATE

JUDGEMENT

(1.) Dalip Kumar alias Pinki and Mahesh Kumar alias Lapper original accused in Section's case No. 9/87 have preferred the present appeals against the judgment passed by the Additional Sessions Judge on 20/02/1990 by which he held them guilty of the offence punishable under Section 302 read with S. 34 of the Indian Penal Code and sentenced each of them to suffer imprisonment for life and to pay a fine of Rs. 10,000/-, in default to suffer rigorous imprisonment for, six months. As these two appeals are arising out of one and the same trial and are preferred against one and the same judgment they are heard together and they are disposed of by this common judgment.

(2.) Deceased Shiv Kumar alias Nodhi was younger brother of first informant. Satinder Kumar Kohli r/o 11/81, Geeta Colony, Delhi. Deceased Shiv Kumar alias Nodhi as well as his brother, first informant, Satinder Kumar Kohli are rickshaw drivers. The present two appellants Dalip Kumar alias Pinki and Mahesh Kumar alias Lapper are also rickshaw drivers. On 2/10/1986 it seems that there was some quarrel and disputed between deceased Shiv Kumar alias Nodhi and the present appellants on the question of picking up of passengers out of turn but it seems that at that time the deceased Shiv Kumar alias Nodhi had managed to escape from clutches of decision of the present appellants.

(3.) On 3/10/1986 at abut 10.45 p.m. when first informant Satinder Kumar Kohli came with his rickshaw bearing No. DHR 5439 ITO Flyover Chowk he found that his younger brother Shiv Kumar alias Nodhi was also present there with his rickshaw bearing No. DEN 6392. Besides him one Jagdish Kumar alias Lukka with scooter No. DER 1777, Arun Kumar alias Fauji with scooter No. DER 6633 and 2-3 other scooter, drivers were also standing there at that place waiting for passengers before going home. First informant Satinder Kumar also stopped his rickshaw behind those rickshaws and after he had stopped his rickshaw, within a few minutes the present appellants came there in rickshaw bearing No. DER 8709. Appellant Mahesh Kumar alias Lapper was driving that rickshaw whereas appellant Dalip Kumar alias Pinki was sitting on the rear side of the rickshaw. When the rickshaw came in the chowk on seeking Shiv Kumar alias Nodhi standing there, Dalip Kumar alias Pinki abused Shiv Kumar alias Nodhi in the name of his sister and said that on the previous day he had managed to escape but he would not spare him on that day and they stopped there rickshaw. Then Dalip Kumar alias Pinki took a screw driver from the tool box of that rickshaw belonging to the Lapper alias Mahesh Kumar. On seeing the same Shiv Kumar alias Nodhi started to run away but appellant Mahesh Kumar alias Lapper ran ahead and caught hold of Shiv Kumar alias Nodhi and then appellant Dalip Kumar alias Pinki went ahead and gave a blow of the screw driver in his hand on the head of Shiv Kumar. On that first informant Satinder Kumar raised cries that they were going to kill him and catch them. Thereupon, the appellant returned to the rickshaw, boarded the same and fled away.