RAKESH Vs. STATE

JUDGEMENT

(1.) The conviction recorded and sentences imposed vide judgment dated 29/01/1994 in F.I.R. No. 363/91, Police Station Jahangir Puri,Delhi by the learned Additional Sessions Judge, Delhi for the offence under Sections302/323/34, Indian Penal Code and Sections 27/54/59 of Arms Act have been assailed by theappellants/convicts in this appeal under Section 374 of Criminal Procedure Code.

(2.) The prosecution case, shortly stated, is that Dharmajit @ Nanha was residingin Jhuggi No. 7 in Jahangir Puri with his parents whereas his brother Kishore residedin Jhuggi No. 86; that both the brothers were doing electrical works; that 6/11/1991 was a Diwali day and so in the late evening Nanha went out to meethis friends; that Raju Singh @ Raju, S/o Vikram Singh, r/o Jhuggi No. H-3, JahangirPuri, Rajesh @ Pocky and Rakesh @ Sanjay, the two brothers, S/o Kishan, R/o HouseNo. 4/1563, Jahangir Puri, Arjun s/o Devi, r/o H-3/1088, Jahangir Puri, Delhihappened to be the frends of Nanha; that Kishore also knew all of them; that whenhis brother Nanha did not return home till 11.30 p.m., Kishore went out in searchof Nanha and at about 12 O'clock in the midnight, near the public park in 1600, WaliGali, H-4, Jahangir Puri, Rakesh @ Sanjay and Rajesh @ Pocky were quarrelling withhis brother Nanha because they had gambled and Raju had won in gambling; thatRajesh was not paying the mony won by Raju; that Nanha asked Rajesh to pay moneyto Raju and on this, Rajesh and Rakesh were quarrelling with Nanha; that Rakeshstarted grappling with Nanha; that Kishore tried to intervene; that Rakesh andRajesh fist gave blows on his (Kishore) mouth and he received injuries on face nearhis eyes and mouth; that Kishore fell down and received injuries/bruises on hisback; that Rakesh @ Sanjay took out a 'Chhuri' (knife) from his left dub and askedRajesh @ Pocky what he was seeing, catch hold of the rascle (Nanha); that he (Nanha)poses to be a big 'dada' finish him"; that in the meantime, Rajesh caught Nanha andRakesh dealt knife blow in his chest; that Kishore was frightened because Rakeshwas having an open knife in his hand and he, Raju Singh and Arjun Singh could notcatch them and Rakesh and Rajesh, both the brothers ran away; that Rajesh alsoreceived minor injuries in the scuffle; that thereafter Arjun Singh put Nanha on hisshoulder, Raju held Nanha and he was taken to home; that because of the injury inthe chest, Nanha was profusely bleeding and because of this the shoulder of ArujunSingh got blood marks; that Kishore brought a three-wheeler scooter from the roadand put Nanha in the three-wheeler scooter; that Kishore, his mother Kalawati andRaju took Nanha to Hindu Rao Hospital where he was declared dead by the doctors.

(3.) That a complaint to the above effect came to be lodged by Kishore, the brother of deceased Nanha, whereupon the offence was registered. On completion of theusual investigation, charge-sheet came to be filed against Rajesh @ Pocky andRakesh @ Sanjay for the offence under Sections 302/323/34, Indian Penal Code and additionalagainst accused Rakesh @ Sanjay also for the offence under Sections 27,54,59, ArmsAct. The charge came to be framed against both these accused persons for theaforesaid offences. The prosecution, in order to bring the guilt home to the accused,adduced oral as well as documentary evidence. The learned trial Judge, appreciating the oral as well as documentary evidence adduced by the prosecution andconsidering further statements of the accused persons recorded under Section 313,Criminal Procedure Code, held both the accused persons guilty for the offences alleged and chargedwith and sentenced both the accused persons to undergo rigorous imprisonment forlife for the offence under Sections 302/34,1.P.C. and a fine of Rs. 500.00 each and indefault to further undergo simple imprisonment for a period of one year.That for the offences under Sections 323/34, 1.P.C. the learned trial Judgesentenced both the accused persons to undergo rigorous imprisonment for a periodof six months and pay a fine of Rs. 100.00 each and in default to undergo simpleimprisonment for a further period of one month. Accused Rakesh, in addition, hasbeen sentenced to suffer rigorous imprisonment for a period of three years and afine of Rs. 500.00and indefault to undergo simple imprisonment for a period of twomonths for the offence under Sections 27/54/59 of the Arms Act. All the sentences,as above, awarded to the accused persons have been made to run concurrently. Itis this finding of guilt and the imposition of sentences, as stated above, which havebeen assailed in this appeal by the appellants/convicts.