RAJINDER VERMA Vs. STATE OF DELHI

JUDGEMENT

(1.) THE above titled two appeals arise out of the common impugned judgment dated october 27th 2007 vide which both the appellants have been convicted under section 302/34 IPC and both of them have been sentenced imprisonment of life and a fine of Rs. 30,000/- each vide order dated November Ist, 2007. Rigorous imprisonment of one year has been awarded to both the appellants, in the event of their defaulting to pay the fine, as stipulated upon and out of the fine of rs. 30,000/- each, if so realized, a sum of Rs. 20,000/- has to be given to the successors of the deceased as compensation. As both appeals arise out of the aforesaid impugned judgment, therefore, they are being disposed of together by this common judgment.

(2.) THE factual position, which needs to be noticed for disposal of these two appeals is that on December 31st, 2001 some differences arose between the accused side and the deceased side regarding motorcycle No. DL-7-SK-4479 which as per the complainant/first informant Ajay Kumar, was sold by appellant Rajinder s/o Ved Prakash Verma to Vinod Kumar @ Vicky (since deceased) and in Police station Gandhi Nagar aforesaid Vinod Kumar @ Vicky was arrested and the above said motorcycle was seized and the dispute arose between both the sides regarding getting the above said motorcycle released on superdari. As per the prosecution version, appellant Rajinder s/o Ved Prakash Verma was not co-operating in getting the above said motorcycle released on superdari to Vinod kumar @ Vicky and on the day of the incident i. e. on May 8th, 2002 at about 10. 00pm, aforesaid Vinod Kumar @ Vicky alongwith the first informant Ajay Kumar and their friend Akashdeep went to the house of the appellants and the two appellants, who are brothers, started abusing the first informant and Vinod kumar @ Vicky.

(3.) THE case set up against both the appellants is that appellant Rajinder s/o Ved prakash Verma had exhorted his co-appellant Manoj s/o Ved Prakash Verma by declaring "roj Roj kuch na kuch pakra ke baith jaate hai, aaj inka kaam tamam kar do, aur ja bandook leke aa ander se". As the prosecution case goes, appellant Manoj s/o Ved Prakash Verma went inside the house and brought gun and fired it and the first shot did not hit anybody and the second shot went up in the air and then appellant Rajinder s/o Ved Prakash Verma is stated to have exhorted co-appellant Manoj Kumar s/o Ved Prakash Verma by declaring "kya idhar udhar marta hai, maar salo ko" and thereafter appellant Manoj Kumar s/o Ved prakash Verma is stated to have fired the third shot which had hit on the right leg (below knee) of Vinod Kumar @ Vicky who fell down.