ROOP CHAND Vs. STATE

JUDGEMENT

(1.) Appellants Naresh Kumar, Rajinder Kumar @ Babloo and Shahib Singh had been convicted under Section 323/304 Part I of the Indian Penal Code (for short hereinafter referred to as "IPC") read with Section 34 IPC by the learned Additional Sessions Judge, Delhi (for short hereinafter referred to as "ASJ"). They have been sentenced to face rigorous imprisonment for a period of five years and to pay fine of Rs. 2,000/- each under Section 304 Part I/34 IPC and in default of payment of fine, to undergo further rigorous imprisonment for a period of four months each; sentenced to pay fine of Rs. 10,000/- each under Sections 323/34 IPC and in default of payment of fine, to undergo rigorous imprisonment for a period of two months.

(2.) Appellant Roop Chand was also convicted along with appellants Naresh Kumar, Rajinder Kumar @ Babloo and Shahib Singh under the aforesaid provisions and was awarded the same sentence. However, appeal against Roop Chand stood abated vide order dated 16th November, 2009 since he died on 1st November, 2006.

(3.) In brief, prosecution case, as set out in the charge sheet under Section 173 of Code of Criminal Procedure (for short hereinafter referred to as "Cr.P.C."), was that, deceased Darshan Singh was the neighbour of the appellants. About one year prior to the incident, Roop Chand had taken loan of Rs. 4,000/- from the deceased. When deceased asked Roop Chand to return the loan, he quarreled with him. On 8th August, 1996 at about 4:30 pm deceased was present in his house along with his wife Smt. Saraswati, daughter Prem Lata and her daughter "â„¢s husband Pukh Raj when Roop Chand along with his sons Naresh Kumar, Kishan and Babloo came there and started abusing the deceased. They forcibly dragged the deceased from the house and started beating him in the gali. In the meanwhile, Shahib Singh, Sat Pal @ Satte and Bal Kishan came there carrying dandas in their hands and started beating the deceased. Smt. Saraswati along with her daughter Prem Lata and son-in-law Pukh Raj tried to save the deceased at which they also received beatings by the gang. Prem Lata and her husband Pukh Raj ran away from there. In the meanwhile, Smt. Angoori @ Bhani wife of Roop Chand, her daughter Lakshmi as well as her daughter-in-law Praveen also came to the spot and started instigating their relatives (assailants) to eliminate the deceased. Roop Chand caught hold of deceased from his hair, while Naresh, Sri Kishan and Babloo caught hold of him by his hands and Shahib Singh, Bal Kishan @ Bale and Satte gave danda blows to the deceased. Naresh, Bal Kishan and Babloo beat the deceased with fist and kicks. Smt. Angoori @ Bhani, Lakshmi and Praveen also gave fist blows and kicks to the deceased. When Smt. Saraswati tried to save her husband she also received beatings in the hands of above mentioned assailants. A crowd gathered there and the deceased had also become unconscious. In the meanwhile, Police also arrived at the spot and on seeing the Police personnel, accused persons fled from there. Police removed Smt. Saraswati and the deceased to Deen Dayal Upadhyay Hospital (for short hereinafter referred to as "DDU"), where deceased was declared as "brought dead".