RAJU Vs. STATE

JUDGEMENT

(1.) These appeals are directed against the judgment dated 15th July 2017 passed by the learned Additional Sessions Judge-04, North, Rohini Courts, Delhi in Sessions Case No.57924/2016 arising from FIR No.241/2011, registered at Police Station (,,PS) Jahangirpuri, convicting the Appellants for the offences under Sections 302/452/325/323/34 Indian Penal Code 1860 (,,IPC).

(2.) There were four accused in the case, i.e. Suresh @ Banti (A-1), his wife, Munni (A-2), and his sons, Prashant (A-3) and Raju (A-4). As far as the victims are concerned, they also belong to the same family. The deceased is Mohit, the son of Giandass Sankar (PW-5) and Dularwati (PW-1). The injured eye-witnesses in the case, apart from PW-1 and PW-5, are their son, Hemant (PW-2), their daughter, Neetu (PW-4), and two other relatives, Suman (PW-6) and her husband Pappu (PW-9).

(3.) The appeals by the respective accused are also directed against the order on sentence dated 27th July 2017, whereby all of them were sentenced to imprisonment for life and fine of Rs.10,000 each and in default of payment of fine, to undergo Simple Imprisonment (,,SI) for 3 months for the offence under Section 302/34 IPC, i.e. the murder of Mohit; to undergo Rigorous Imprisonment (,,RI) for 3 years and to pay a fine of Rs.3,000 each and in default of payment of fine, to undergo SI for a period of 1 month for the offence under Section 452/34 IPC, i.e. trespassing into the house of the victims; RI for 3 years and to pay a fine of Rs.3,000 each and in default of payment of fine, to undergo SI for 1 month for the offence under Section 325/34 IPC, i.e. causing grievous injuries to PW-6, PW-9, PW-5, PW-4; SI for 6 months and to pay a fine of Rs.1,000 each and in default of payment of fine, to undergo further SI for 10 days for the offence under Section 323/34 IPC, i.e. for causing simple injuries to Om Prakash (PW-10), a cousin of PW-9, as well as PW-1.