OM SINGH @ OMI Vs. THE STATE, DELHI ADMN.

JUDGEMENT

(1.) ABOVE three appeals have been separately filed by the appellants Om Singh @ Omi, Lakhan @ Bijender @ Mintu and Mahipal against common judgment dated 11.09.96 of the learned Additional Sessions Judge and consequent order on sentence of the same date.

(2.) BRIEFLY stated, case of the prosecution as revealed in the FIR is that on 10.11.93 at about 8.00 PM on the pavement of Ganda Nala in front of Gali No. 4, Jagjivan Nagar, appellants Om Singh @ Omi, Mahipal and their co -accused Vijay Pardeshi were seen giving kicks and fist blows to Mahender Singh (deceased). Meanwhile, appellant Lakhan @ Bijender @ Mintu arrived at the spot and struck with his head against the chest of Mahender Singh who fell down due to the impact. Co -accused Vijay Pardeshi (since deceased), thereafter, put his foot and said that he had remained in jail for three months because of him (the deceased) therefore he would kill him. Some persons from the public tried to rescue the deceased but Vijay Pardeshi again threw him on the ground and as a result Mahender Singh sustained injuries and blood started dripping from his lips and the fore -head. Mahender Singh was removed to the GTB Hospital and he was found to have suffered as many as 14 injuries because of the beating i.e. kicks and fist blows given by the appellants and their co -accused Vijay Pardeshi. Mahender Singh, unfortunately, expired on the same night at 11.30 PM.

(3.) LEARNED Additional Sessions Judge on consideration of the evidence led by the prosecution, various exhibits and the statements of the appellants and Vijay Pardeshi recorded under Section 313 Cr.P.C., came to the conclusion that the appellants and Vijay Pardeshi had indeed beaten the deceased Mahender Singh by kicking him and giving him fist blows and on consideration of the evidence on record, he drew an inference that the appellants as well as their co -accused Vijay Pardeshi (since expired) shared common intention to cause death of Mahender Singh. Accordingly, he convicted all of them for murder punishable under Section 302 IPC with the aid of Section 34 IPC. The learned Additional Sessions Judge as a consequence of conviction, sentenced respective appellants to undergo imprisonment for life and also to pay fine of Rs. 500/ -, in default of payment of fine to undergo further R.I. for a period of one month respectively.