SHYAM @ SHYAMU Vs. STATE OF DELHI

JUDGEMENT

(1.) The present appeals are directed against the judgment dated 23.2.2004, passed by the Court of the learned Additional Sessions Judge in Sessions Case No. 64/2002 arising from FIR No.1006/2000, registered at PS Rajouri Garden under Sections 302/34 of the Indian Penal Code, 1860 (in short „IPC?), whereunder Shyam @ Shyamu and Ramu (both brothers), appellants in Crl.A. No.218/2004 and Gyan Chand @ Sethi, appellant in Crl. A. No.708/2005 have been convicted under Section 302/34 IPC. Vide order on sentence dated 24.2.2004, all the three appellants have been sentenced to undergo imprisonment for life and pay a fine of Rs.3,000/- each under Sections 302/34 IPC. In default of payment of fine, each of the appellants has been directed to undergo simple imprisonment for a period of three years.

(2.) The incident in question relates back to 26.10.2000, eve of the festival of Diwali when the deceased, Chandu @ Chander Bhan and his friend Monu, both residents of Raghubir Nagar, Delhi were heading together towards the latter?s house at about 11.30 P.M. in the night. It is the prosecution case that they had seen Geeta, sister of Shyam @ Shyamu and Ram (hereinafter, referred to as „A-1? and „A-2?, respectively) coming out from a public toilet and walking down the street towards them and the deceased had tried to molest her by brushing his hands against her breast. At this, Geeta had raised an alarm and A-2 alongwith Gyan Chand @ Sethi (A-3) rushed to the spot. A-2 caught hold of the deceased by his neck and exhorted A-3 to teach him a lesson. A-3 reacted by picking up a wooden stick lying in the street and hit the deceased on his head. On hearing the ruckus, A-1 also came to the spot armed with a hockey stick and hit the deceased on his legs, due to which he fell down. Thereafter, A-2 picked up a stone lying in the street and hit the deceased on his head. When he raised an alarm, all the three accused persons ran away from the spot. In the meantime, on receiving information about Chandu being assaulted, his cousin Raj Karan, reached the spot. Thereafter, Monu, who was also present at the spot rushed the deceased in an auto rickshaw to DDU Hospital along with Raj Karan where the doctor declared him as brought dead.

(3.) SI Sandeep Kumar, posted at PS Rajouri Garden, received DD No.23 (Ex.PW-1/A) and reached DDU Hospital alongwith Constable Ravail Singh. He was informed by the doctor that the deceased had been brought dead to the hospital. While at the hospital, he met Monu and recorded his statement. Based on his statement, he prepared a rukka. On the basis of the said rukka, FIR No.1006/2000 was registered on 27.10.2000, at 1.35 A.M. On completion of investigation, charge punishable under Section 302 IPC was framed against all the three appellants who were accused of assaulting the deceased with a danda, hockey stick and heavy stone in furtherance to their common intention to murder him. All the three appellants pleaded innocence and claimed trial.