JAI PARKASH Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) These two appeals have been filed by the appellants, who are brothers, challenging the validity of the judgment passed on 24th January. 1987 by the Additional Sessions Judge, Delhi convicting them for an offence under Section 302 read with Section 34 of the Indian Penal Code. Jai Parkash who is the appellant in Cr. Appeal No. 33 of 1987 has also been convicted under Section 27 of the Arms Act. The other appellant Sardari Lal (Cr. Appeal 24 of 1987) and Jai Parkash by a separate order of the same date were sentenced to life imprisonment for the offence of murdering one Pappu. Jai Parkash was further sentenced to undergo rigorous imprisonment for a period of five years under Section 27 of the Arms Act. The sentences were, however, directed to run concurrently.

(2.) The prosecution case was that at about 8.15 P.M. on 21st November, 1984, Public Witness 3, Ishwar Lal had gone to attend the engagement ceremony of his cousin (daughter of his uncle Babu Lal). This ceremony was to be performed in House No. C-326, JJ. Colony. Madi Pur, Delhi. He parked his Ambassador car No. BHC-9031 in front of house of the appellants' father. The appellants' father's name is Lekh Raj and his house in front of which Ishwar Lal parked the car is numbered as C-466. The appellants, it was alleged, object to the parking of the car in front of their house. This resulted in an altercation between them and Pappu, whose sister was getting engaged. In the fight which ensued, Sardari Lal caught hold of Pappu (since deceased) from his back and exhorted his brother Jai Parkash to kill him (Pappu). Thereupon Jai Parkash took out a knife and stabbed Pappu in the chest and other parts of his body. Thereafter the appellants, it is alleged, ran away from the spot. This incident, according to the prosecution, was witnessed by Arjun Kumar, Lakshman Lal, Ishwar Singh and Naresh Kumar.

(3.) However, Public Witness Ishwar Lal did not hear any commotion nor did he come to know of the incident. Hleft House No. C-326 at about 10.00 PM after attending the ceremony.