NARESH KUMAR AND ORS. Vs. STATE OF DELHI

JUDGEMENT

(1.) A trivial incident, one summer evening involving a few drops of water spilling over on to the chhajja (parapet) of a neighbour's house has resulted in fatal injuries to one person; injuries to several other persons of that family and these protracted proceedings which commenced on 14th of June, 1995 with the registration of FIR No.466/95 registered by the police under Section 302/307/308/324/147/148/149/34 of the IPC and Sections 25/54/59 of the Arms Act by the Police Station Patel Nagar. It has also led to implication of four sons (Mahender, Naresh, Kundan and Jagdish) of Ramji; one grandson Sanjay Son of Mahinder and one outsider Ajay; resulting in conviction for commission of the offence of murder and life imprisonment to two brothers Mahender and Naresh as well as conviction of Sanjay for commission of offence under Section 324 IPC. While on the other side, fatal injuries resulted to Arun, son of Mehar Chand as well as injuries to his wife Prem Devi (PW8) (a government servant); his son Anand Kumar (PW22); grandson Sanjay son of Virender(PW20) and a nephew Anil Kumar (PW7).

(2.) Mahender Kumar and Naresh Kumar stand convicted for commission of offences under Section 302 read with Section 34 of the Indian Penal Code by the judgment dated 31st August, 2000 passed by the learned Additional Sessions Judge in Sessions Case No. 3/97 arising out of the FIR. Pursuant to the conviction by the order dated 31st August, 2000, the trial court has sentenced the appellants to undergo rigorous life imprisonment for commission of the offence under Section 302/34 of the IPC with a fine of Rs. 2,000/- each and in default of payment of fine, it is directed that they would undergo simple imprisonment for one year each. Additionally, the appellant Mahender stands sentenced for conviction under Section 27 of the Arms Act to undergo rigorous imprisonment of three years with a fine of Rs. 1,000/-. In default of payment of fine, it has been directed that he shall undergo simple imprisonment for three months. The sentences imposed on the appellant Mahender Kumar have been directed to run concurrently. The two brothers have challenged their convictions and sentences by way of the present appeals. In as much as the impugned judgment arises out of a common trial, we have taken up these appeals together and are deciding them by one judgment.

(3.) The genesis of the matter relates to an incident which had occurred on 14th June, 1995 at 8.45 p.m. in front of the premises no. A-195, DDA Flats, New Ranjit Nagar, New Delhi between members of two families, who were neighbours. The details of the incident are found recorded in the statement (Exh.PW7/A) of Anil Kumar son of Jai Prakash (who appeared as PW 7) given by him to the police based whereon the case was registered by police station Patel Nagar.