SHIVA @ UWAN & ORS Vs. STATE

JUDGEMENT

(1.) Appellants Shiva @ Uwan, Vicky and Surjeet all sons of Niranjan in Crl. Appeal No.881/2013 and Manish @ Lulu son of Shyam Singh in Crl. Appeal No.1145/2012 challenge their conviction for offences punishable under Sections 302/307/324/323/452/34 IPC and the order on sentence dated 28th May, 2012 directing them to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/- each for offence punishable under Section 302 IPC; rigorous imprisonment for a period of seven years and to pay a fine of Rs.3,000/- each for offence punishable under Section 307 IPC; rigorous imprisonment for a period of three years and to pay a fine of Rs.2,000/- for offence punishable under Section 452 IPC; rigorous imprisonment for a period of one year for offence punishable under Section 323 IPC and rigorous imprisonment for a period of three years for offence punishable under Section 324 IPC.

(2.) Fir No. 189/2010 was registered under Sections 452/302/307/ 324/323/34 IPC on the statement of Charan Dass who stated that he was residing with his family at House No. 9626, Gali No.12, Multani Dhanda, Paharganj. On 24th July, 2010 at about 3.30 PM while his son was present at the video game parlour and some children were playing video games, Shiva @ Uwan and Manish came to the shop. They wanted to play the video game to which his son Golu objected and stated that this was the game to be played by children. Both the accused threatened Golu and left the spot stating that they would see him later. He also stated that they had earlier enmity with the accused. Around 11.50 PM Shiva @ Uwan, Manish, Vicky and Bacche @ Kala came to their house. Shiva was armed with an iron rod whereas Manish, Vicky and Bacche had knives in their hands. All four of them started quarrelling with them. Vicky assaulted his daughter Reema by a knife on her left arm. Shiva and Bacche caught hold of his son and Manish gave stab blows on his stomach and neck. Shiva@ Uwan hit the arm of his daughter-in-law Meena with a rod. Complainant was assaulted by Manish, Bacche and Vicky by knives resulting in injuries on the head above the eyes and back. To conceal their offence Shiva @ Uwan hit his head on the wall and caused injuries to his scalp. He brought his son and daughter-in-law in TSR to the hospital.

(3.) The rukka was marked to ASI Prithpal Singh who got the MLCs of Charan Dass, Reema, Meena and Golu. MLC of Golu noted 'patient brought dead'. ASI Prithpal also inspected the spot which was found to be bloodstained. After the charge-sheet was filed during the course of trial, prosecution examined 19 witnesses including the injured witnesses Charan Dass @ Pappu as PW-1; Reema as PW-2 and Meena as PW-9. Inder PW10, brother of Charan Dass was also examined as a witness who reached the spot on being called by the mother of Golu. The appellants did not lead any evidence and stated that they were falsely implicated on the testimony of false and interested witnesses. The Court also examined three witnesses, that is, Dr. Sameer Dhari, Dr. M.P. Chaurasia and Dr. Ashita as CW-1 to CW-3 respectively so as to ascertain the age of Surjeet @ Bacche who took the plea that he was a minor. As per the doctors the age of Surjeet s/o Niranjan was opined to be more than 22 years and less than 25 years on the date of offence.