LATOORI AND ORS. Vs. STATE OF DELHI

JUDGEMENT

(1.) LATOORI , Shyam Bihari, Dhan Pal and Raj Pal all being convicted in Sessions Case No. 62/1996, arising out of FIR No. 301/92, under Sections 302/34 IPC, P.S. Ambedkar Nagar, for having committed murder of Radhey Shyam punishable under Section 302/34 IPC and sentenced in terms of order dated 17th July, 1996 to undergo imprisonment for life and also to pay fine of Rs. 1,000/ - each, in default of payment of fine to undergo R.I. for further period of six months, preferred the instant appeal against the impugned judgment of conviction and order on sentence. During the pendency of appeal appellant Dhan Pal, stated above, expired. Therefore the appeal so far as the appellant Dhan Pal is concerned stands abated.

(2.) BRIEFLY stated case of the prosecution is that on 12th June, 1992 Radhey Shyam (deceased) was brought to the hospital by his brother Jai Dev and he was declared brought dead. Above information was conveyed by duty Constable Sunil Kumar from Safdarjung Hospital to P.S. Ambedkar Nagar, which was recorded as DD No. 11 -A (Ex. PW - 5/C). Copy of the DD report was addressed to Inspector Bhim Singh, who proceeded to Safdarjung Hospital, where he met PW1 Bhagwan Swaroop. He recorded the statement of Bhagwan Swaroop (PW1), wherein he stated that he along with his brother Radhey Shyam and Jai Dev was residing at N -407, Gali No. 6, Sangam Vihar, New Delhi and his brother Joginder was residing nearby with his wife Maya, daughter of Dhan Pal (deceased appellant). On 11th June, 1992 because of a quarrel with Joginder, Maya went to the house of her father Dhan Pal. Radhey Shyam (deceased) and Joginder went to bring her back but Dhan Pal refused to send her with Joginder. Thereafter on the intervention of the complainant, Dhan Pal sent Maya to her matrimonial home along with Joginder.

(3.) S .I. Bhim Singh completed the formalities and submitted the charge sheet against all the appellants.