NAND LAL ALIAS NANDU Vs. STATE OF DELHI

JUDGEMENT

(1.) These are two appeals, one filed by Nand Lal @ Nandu and the other filed by Lajpat @ Billu. Both the appeals are directed against the judgment and order dated 2nd February, 1998 passed by the learned Additional Sessions Judge in Sessions Case No.141/1996. Both the Appellants were held guilty of an offence punishable under Section 392 and 397 of the Indian Penal Code (for short the IPC) read with Section 34 thereof. They were also convicted of an offence punishable under Section 300 read with Section 302 and 34 of the IPC for having caused the murder of Sunil and under Section 307 read with Section 34 of the IPC for attempting to murder Sunil's brother Mukesh. Subsequently, by an order dated 3rd February, 1998, the Appellants were sentenced to undergo imprisonment for life for the offence of murder and to pay a fine. They were also sentenced to undergo rigorous imprisonment for 7 years for attempting to murder Mukesh and for committing a robbery with a dangerous weapon. They were also fined.

(2.) The case of the prosecution is that on 16th January, 1994 at about 10.15 pm Mukesh and his brother Sunil (since deceased) were returning home. They were accosted by the Appellants and according to Mukesh, in his statement under Section 161 of the Code of Criminal Procedure (for short Cr.P.C.), he was caught by one of them who was carrying a long knife, while the other person caught hold of his brother Sunil. He was asked to empty out his pocket and when both Mukesh and Sunil resisted, Mukesh was stabbed in his abdomen. Sunil came to save him but he was stabbed in his chest by the same person. On this, the other person uttered the words "Nandu ye to mar gaya. Bhag lo". Thereafter, both the persons ran away. On hearing the cries of Mukesh, one or two persons came there. Mukesh gave them his address and asked them to inform his house.

(3.) From the above description, it appears that according to Mukesh, Nandu was carrying a long knife and he stabbed both Mukesh and Sunil. The statement does not indicate whether the other person (later identified to be Billu) was carrying a knife or not.