RAJ SINGH & ANR Vs. STATE

JUDGEMENT

(1.) This is an appeal directed against the judgment dated 17th April, 2003 passed by the learned Additional Sessions Judge, Delhi ("ASJ") in Sessions Case No.61/99 arising out of FIR No.561/98 registered at Police Station ("PS") Narela, Delhi convicting the three Appellants i.e. Raj Singh (Accused No.1: "A-1"), Raghubir Singh ("A-2") and Om Prakash ("A-5") of the offences under Sections 302/34 and 325/34 of the Indian Penal Code ("IPC") and the order on sentence dated 21st April, 2003 whereby each of them was sentenced to imprisonment for life along with fine of Rs.5,000/- each, and in default of payment of fine, to undergo simple imprisonment ("SI") for three months for the offence under Section 302/34 IPC; and three years rigorous imprisonment ("RI") along with fine of Rs.5,000/- each, and in default of payment of fine to undergo SI for three months for the offence under Section 325/34 IPC.

(2.) There were eight accused in all. Apart from A-1, A-2 and A-5 above, Baljit Singh (A-3), Gulab Singh (A-4), Satnarayan (A-6), Surender (A-7) and Sunil Kumar (A-8) were also charged for the same offence. While charges were framed against A-1 to A-4 on 30th July 1999 (with the remaining four accused remaining absconding as of that date), the charges against A-5 and A-6 were framed on 30th April 2001 and against A-7 and A8 on 21st March 2005 after they surrendered.

(3.) First, they were all charged with having murdered Ramesh Kumar ("the deceased") on 9th December, 1998 at around 11.30 pm at Gali Petrol Pump Wali, near Gher of Raj Singh, Pana Mandiyan, Bawana by assaulting him with lathis, as a result of which he died on 10th December, 1998. Secondly, they were charged with causing grievous hurt to Mahavir and Dinesh with a blunt object, pursuant to their common intention, thereby committing an offence under Section 325/34 IPC. Thirdly, they were charged with having voluntarily caused simple hurt to Pradeep Kumar and Sheela by blunt object, thereby committing offences under Section 323/34 IPC.