OMBIR SINGH Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) THE appellants have preferred the present appeal against the judgment of the learned Additional Sessions Judge dated 27. 3. 2009 and order on sentence dated 28. 3. 2009 sentencing both the accused to imprisonment for life and fine of Rs. 10,000/- each for the offence punishable u/s 302 r/w section 34 IPC and in default of payment of fine both accused to undergo SI for six months each.

(2.) THE facts of the case are that both the accused used to work together in delhi. On the night intervening 23/24. 10. 2004 both the accused along with deceased and some other persons were employed at a stall in the Ramleela ground, Kamla Market, Delhi when at about 2:00 a. m. , while they were preparing to sleep both the accused came in a drunken condition and started making noise. The deceased Ram Avtar told them not to make noise and went to the urinal and when he came back he was abused by both the accused. The deceased then asked the accused persons not to abuse him on which the accused Ombir exhorted his co accused Damodar "yeh saala zyaada chaudhary banta hai" and caught hold of the hands of the deceased while Damodar stabbed him on his chest with a vegetable cutting knife and both the accused fled from the spot. The deceased was taken to the JPN hospital where he was declared brought dead. The case against the appellants was registered in the FIR no. 480/04 under Section 302 ipc.

(3.) ON completion of investigation, the appellants were challaned and sent for trial for the offence punishable under Section 302 IPC read with Section 34 ipc.