HARISH Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) These are two appeals against the common judgment dated 13th February 2018 passed by the learned Additional Sessions Judge, Fast Track Courts, Shahdara convicting both the Appellants for the offence under Section 302/34 IPC and the order on sentence dated 20th February 2018 whereby both the Appellants were sentenced to imprisonment for life and payment of fine of Rs.5,000/- and in default of payment of fine, to undergo simple imprisonment three months.

(2.) At the outset, it requires to be noticed that the charge against both the Appellants was that on 14th November 2012, at around 11.30 pm, at the jhuggi near Swarnkar Dharmashala, Kailash Colony, East Jyoti Nagar, Delhi both of them, in furtherance of their common intention, committed the murder of Subhash (deceased). The further charge was that both of them, in furtherance of their common intention, voluntarily caused simple injuries to Chander (PW-10), Suresh (not examined), Jyoti (PW-17), Lal Bahadur (PW1), Ajay Bahadur (PW-7) and Naresh (not examined) by means of blunt objects and thereby committed of offence under Section 323/34 IPC. By the impugned judgment, the trial court has acquitted both Appellants of the offence under Section 323/34 IPC.

(3.) With there being so many injured persons, it was expected that there would be injured eye-witnesses supporting the case of the prosecution. Unfortunately, it two of the injured persons, i.e. Suresh and Naresh, were not even examined by the prosecution. Of the injured eye-witnesses, i.e. PW-10, PW-17, PW-1 and PW7 did not support the prosecution.