RAJESH ALIAS HUNNY ALIAS MUNNY Vs. STATE

JUDGEMENT

(1.) THIS appeal has been filed by the two appellants, who are real brothers, against the judgment dated 21. 11. 2001 and order dated 22. 11. 2001 passed by the learned Additional Sessions Judge, Delhi in Session Case No. 90/2000 whereby they were convicted under Sections 302 and 307 read with Section 34 of Indian Penal code ("ipc" in brief) and sentenced to imprisonment for life and also to a fine of Rs. 5000/- each, with a default stipulation, for the murder of one Kapil and rigorous imprisonment for seven years and a fine of Rs. 5000/-each, with a default stipulation, for the attempted murder of his mother.

(2.) THE incident leading to the prosecution of the two appellants (hereinafter to be referred to as the accused persons) was narrated by PW-2 Santosh Sharma in her first information statement to the police (Ex. PW-2/a) on 12th December,1998 when the incident had taken place. She had claimed that that day i. e. 12th December, 1998, her sons Kapil (the deceased) and anuj (PW-5) had gone to play cricket in the park near their house. At about 12. 30 p. m. when both of them returned to the house Anuj told her and her husband that there was a quarrel over the game of cricket between Kapil and Sunny-Munny (the two appellants herein ). Then her husband came out of the house followed by Kapil and Anuj and she also followed them. Sunny and Munny were present in the gali. Sunny (appellant Harjesh) was having a knife in his hand and Munny (appellant Rajesh) caught hold of Kapil and when Sunny was about to assault Kapil she told him (Sunny) not to quarrel. Upon that Sunny stabbed her with the knife and then stabbed Kapil number of times. Her husband and son Anuj tried to save Kapil but Munny kept on holding Kapil and Sunny kept on stabbing him. Santosh Sharma. "

(3.) INJURED Santosh Sharma went from the spot and informed the police on phone from a nearby shop. After the incident Kapil was taken to Hindu Rao hospital where he was examined by PW-21 Dr. Mukesh Kumar. On examination, this doctor had found the following injuries on the body of Kapil:-