BRIJ MOHAN & ORS Vs. STATE

JUDGEMENT

(1.) These appeals are directed against the judgment dated 18th February 2002 passed by the learned Additional Sessions Judge (ASJ), Karkardooma Courts, Delhi in Sessions Case No.87/2001 arising out of FIR No.212/1990, at Police Station Shahdara, whereby the appellant Sita Ram (Accused No.2: A-2) was convicted for the offence under Section 302/34 IPC and Section 323/34 IPC and the other appellants, i.e. Brij Mohan (A-5), Rajinder Kumar (A-6) and Subhash Chand (A-9) were convicted for the offence under Section 323/34 IPC.

(2.) These appeals are also directed against the order on sentence dated 25th February 2002 whereby for the offence under Section 302/34 IPC, A-2 was sentenced to imprisonment for life with a fine of Rs.10,000/- and in default of payment of fine to further undergo simple imprisonment (SI) for one year. For the offence under Section 323/34 IPC, all the four aforementioned accused, i.e. A-2, A-5, A-6 and A-9 were sentenced to rigorous imprisonment (RI) for six months and to pay compensation of Rs.1,000/- to each of the injured. All the sentences were directed to run concurrently.

(3.) At the outset, it requires to be noticed that originally nine accused were sent up for trial. In terms of the order on charge dated 22nd May 1992, the nine of them were charged for the offence under Section 323/34 IPC for voluntarily causing simple injuries with blunt object to Leelawati (PW-4) and Jai Singh (PW-14) and under Section 325/34 IPC for causing grievous injuries with blunt object to Raj Kumar (PW-9). Girdhari Lal (A-1), Sita Ram (A-2), Ram Pal (A-3) and Ram Phal (A-4) were separately charged with having committed the offence punishable under Section 302/34 IPC for causing the death of Mangal Singh (the deceased) at 10:15 p.m. on 2 nd July 1990 at Old Kardampuri within the jurisdiction of Police Station Shahdara, Delhi.