JOGINDER Vs. STATE

JUDGEMENT

(1.) VIDE impugned judgment and order dated 19.01.2001 the appellants; Vijay, Shamim @ Munna, Surjit Singh and Joginder have been convicted for the offence of having murdered Devender (hereinafter referred to as the "deceased"). For which offence, vide order dated 22.1.2001 they have been sentenced to undergo imprisonment for life and pay fine in sum of Rs.1,000/- each; in default to undergo simple imprisonment for 2 months. Additionally, appellants Joginder and Vijay, have been convicted for the offence of having attempted to cause culpable homicide not amounting to murder qua Durgpal, the father of the deceased, for which offence they have been sentenced to undergo rigorous imprisonment for three months and pay a fine in sum of Rs. 1,000/- each; in default to undergo simple imprisonment for 2 months. Appellant Surjit Singh has also been convicted for the offence of having unlawfully possessed a knife, for which offence he has been sentenced to undergo rigorous imprisonment for three months and pay a fine in sum of Rs. 1,000/- each; in default to undergo simple imprisonment for 2 months.

(2.) CRIMINAL law was set into motion when police received an information that a person has been stabbed with a knife at a house bearing Municipal No.B-I/34, Raghubir Nagar, New Delhi.

(3.) AT the hospital, SI Swadesh Prakash PW-14 and Const. Vinod Kumar PW-1, met Durgpal PW-6, the father of the deceased, who claimed to have witnessed the incident in question. Durgpal PW-6, was also medically examined at DDU Hospital. We note that on MLC Ex.PW-10/B of Durgpal, following is recorded:-