MOOL CHAND Vs. STATE

JUDGEMENT

(1.) Aggrieved by the judgment of conviction dated 12.09.2000 passed by the learned Additional Sessions Judge, Delhi convicting the appellants, namely, Mool Chand and Amrik Singh for the offence punishable under Section 323/34 and 306/34 of Indian Penal Code (hereinafter referred to as I.P.C.), and order on sentence dated 12.09.2000, whereby the appellants have been sentenced to undergo simple imprisonment for six months for the offence under Section 323/34 IPC and rigorous imprisonment for a period of five years and fine of Rs.5,000/- for the offence under Section 306/34 IPC and in default of payment of fine the appellants were to further undergo simple imprisonment for a period of five months, the present appeal has been filed by the appellants.

(2.) Factual matrix emerging from the record is that the present case was registered on the basis of statement of Smt.Sarvani Devi (PW2). In her statement made to the police, Smt. Sarvani Devi had stated that on 001992, her father-in-law Hardev Ram and his sons Amrik Singh and Mool Chand along with Prem had a quarrel with the husband of the complainant, namely, Suraj. Earlier also, all the accused persons had quarrels with the husband of the complainant. They had been harassing the husband of the complainant with intention to grab his house. On 001992, all the accused persons gave beatings to the husband of the complainant. The complainant rushed to the police to inform about the same. When she returned to her house, she saw her husband in flames. The complainant had taken her husband to RML Hospital where he died on the same day. The complainant held all the four accused persons responsible for the death of her husband.

(3.) On the basis of statement of the complainant, FIR of the instant case was registered. During investigation, three accused persons, Hardev, Mool Chand and Amrik Singh were arrested. MLC of the deceased was collected from the hospital on which the doctor observed that he sustained 60% burns. Dead body of the deceased was sent to the mortuary where post mortem on his dead body was conducted. Fourth accused Prem Singh could not be arrested as he fled away. After completion of investigation, charge sheet was filed in the Court.