SURINDER KUMAR Vs. STATE

JUDGEMENT

(1.) These appeals are directed against the judgment dated 4th January 2003 passed by the learned Additional Sessions Judge, Delhi in Sessions Case No.102/1996 arising out of FIR No.64/1988 registered at PS Sameypur Badli convicting Hari Om (Appellant in Crl.A.No.68/2003) and Surinder Kumar (Appellant in Crl.A.48/2003) for the offences punishable under Section 302/34 IPC for the death of Sushila and also for the offences under Section 324/34 IPC for causing knife injuries to Rajinder Kumar (PW1), the husband of the deceased.

(2.) The appeals are also directed against the order on sentenced dated 6th January 2003 whereby, for the offence punishable under Section 302/34 IPC, both Appellants were each sentenced to imprisonment for life and fine of Rs.5, 000/- and in default of payment of fine, to undergo rigorous imprisonment for one year and for the offence punishable under Section 324/34 IPC, they were sentenced to rigorous imprisonment for 3 years. Both sentences were directed to run concurrently.

(3.) At the outset, it requires to be noticed that there were four accused, viz. Doja Ram (A-1), Surinder (A-2), Narinder (A-3), and Hari Om (A-4), who were charged under Section 302/34 IPC for committing the murder of the deceased in furtherance of their common intention by inflicting knife injuries on her person at about 9:30 pm on 29th March 1988 at H.No.37/2, Gali No.13, village Sameypur. They were also charged under Section 307/34 IPC with having caused injuries on the persons of Mahenderi (PW-10), Khazano (PW-2), Rajinder (PW-1) and, Ram Charan (PW-8) with lathis in furtherance of their common intention and with such intention or knowledge that under the circumstances, had they died, the accused persons would have been guilty of the offence of murder.