RAM KUMAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Criminal Appeal No.807 of 2000 seeks to challenge judgment and order of Additional Sessions Judge, Kakardooma Courts, Delhi in Sessions Case No.161 of 1993, arising out of F.I.R. No.427 of 1991, registered at Police Station Bhajan Pura, whereby the learned judge vide her judgment dated 11.12.2000 has held the appellants, Ram Kumar and Rambir @ Lilu, guilty for offence under Section 302/34 IPC. Further vide her orders dated 11.12.2000 and 14.12.2000, has sentenced the appellants to life imprisonment together with fine of Rs.10,000/- each and in default of payment of fine, simple imprisonment for five months each under Section 302/34 IPC.

(2.) Brief facts of the case as have been noted by the learned Additional Sessions Judge in the judgment under challenge are as under :-

(3.) The prosecution in order to establish its case examined as many as 19 witnesses. It is argued by learned counsel for the appellants that the prosecution has miserably failed in bringing on record any credible evidence to hold the appellants herein guilty of the offence. He contends that Naval and Jai Karan died during the trial and therefore, the role attributed to them could not be established during the trial. The material witnesses, according to the counsel, are PW-1, Constable Jeet Singh, PW-2, Constable Yashpal, PW-4, SI Rajpal, PW-10, Dr. L.K. Barua, PW-14, Sheela, PW-16, Dharam Pal, PW-17, Sushila and PW-19, Inspector Balkishan.