SANJEEV KUMAR Vs. STATE

JUDGEMENT

(1.) THE appellants were charged under Section 302 read with Section 34 of the Indian Penal Code (for short, IPC) for having committed murder of the deceased Rakesh Kumar in furtherance of their common intention on 18. 07. 1990 and on being tried were found guilty in terms of the impugned judgment dated 22. 07. 1995 and were sentenced to undergo life imprisonment and to pay a fine of Rs. 2,000/- each and in default to undergo S. I. for two months as per the order of sentence dated 22. 07. 1995. The conviction is based on the testimony of eye-witness, PW 4, who was the father of the deceased.

(2.) THE case of the prosecution was that PW 4 along with the deceased was carrying on the business of hardware at a rented Shop No. 2406, Tota Ram Bazar, delhi. PW 4 was also the owner of Shop No. 2400, Tota Ram Bazar, Tri Nagar, delhi, which had been rented out to one Badlu Ram. There was some litigation pending in the Court of the Additional Rent Controller in respect of Shop No. 2400. Suresh Kumar, the appellant in Crl. A. No. 161/1995, is the son of Badlu ram and used to carry on the business of sale of cigarettes and bidis in the said shop. The electricity in respect of this shop had been cut-off in pursuance to the orders of the Court and Suresh Kumar wanted the deceased to provide him electricity. This is the background to the incident and the stated motive of the crime. On 18. 07. 1990, PW 4 is stated to have left the shop from where he was carrying on the business at about 9 p. m. leaving his son to do the closing, who had to follow PW 4 thereafter. PW 4 claimed that when he reached home on the first floor, he heard shrieks of his son and when he peeped out from the window, he saw the accused Suresh Kumar from the front and two boys from the back inflicting knife blows on the deceased. One of the boys identified is Sanjeev Kumar, the appellant in Crl. A. No. 155/1995. PW 4 claims to have rushed downstairs and when he approached the deceased and made an enquiry, it was confirmed that suresh and two other boys had inflicted the wounds. PW 4 was assisted by his son-in-law, Satish Kumar, who reached the spot and the deceased was rushed to the hospital in a car, but was declared brought-dead as per the MLC (Exhibit PW 26/a ).

(3.) THE police recorded the statement of PW 4 (Exhibit PW 4/a) at his house. In the T. I. P. , PW 4 could not recognize the third assailant.