RAJINDER SINGH AND ANR. Vs. STATE

JUDGEMENT

(1.) THE filing of these two appeals is as a result of conviction of the five accused -appellants under Section 302/34 IPC by the learned Additional Sessions Judge, Delhi vide judgment dated 4 -2 -1993 and imposition of punishment of life imprisonment and fine vide order on sentence dated 22 -2 -1993 and since both the appeals arising out of the same judgment of the trial Court were heard together the same are being disposed of by this common judgment.

(2.) THE Sessions Court had tried six accused persons for the offence punishable under Section 302/34 IPC for their having murdered one 19 years old bride Satwanti in her matrimonial home on the night of 30th March,1987. She was the wife of accused Umed Singh and daughter -in - law of accused Bharpai and sister -in -law (bhabhi) of accused Brahm Prakash. The prosecution had sought to establish their guilt primarily on the basis of the evidence of two eye -witnesses of the incident. They were the immediate neighbours of accused Umed Singh and the deceased in Village Jaffarpur Kalan, Delhi. The learned Additional Sessions Judge after examining the evidence of the two eye -witnesses convicted five accused persons. Sixth accused, Ram Phool, had died during the trial and consequently the case against him had abated. The five convicted accused challenged the decision of the trial Court by filing these appeals. During the pendency of the appeals, another accused Rajinder (who was appellant No. 1 in Crl. Appl. No. 42/1993) also died. This Court is now to decide the fate of remaining four convicts, namely, Umed Singh, Smt. Bharpai, Brahm Prakash and Dharamvir, who is the brother of the deceased accused R am Phool and Rajinder.

(3.) THE learned trial Judge accepted the evidence of these witnesses and held five accused persons guilty of murder of the deceased Satwanti.