Decided on May 31,2007

STATE Respondents


H.R.MALHOTRA, J. - (1.) These appeals are directed against the judgment rendered by the Additional Sessions Judge in Sessions case No. 80 of 2001, arising out of FIR No. 88/92 registered at police station Krishna Nagar, New Delhi dated 7th May, 2002 convicting the appellants for commission of offence punishable under Section 302/34 IPC and also under Section 324/34 IPC besides under Section 27 of the Arms Act and subsequently sentenced them vide separate order of the same date to imprisonment for life and a fine of Rs. 2,000/- each and in default of payment of fine for further imprisonment for two months for the offence under Section 302 IPC. They were further sentenced to rigorous imprisonment for one year each for commission of offence punishable under Section 324/34 IPC. The appellants were further sentenced to undergo R.I. for one year and a fine of Rs. 2000/ each under Section 27 of the Arms Act and in default R.I. for one month each. All the sentences were, however, ordered to be run concurrently.
(2.) Feeling aggrieved the appellants have preferred separate appeals assailing their conviction and sentence.
(3.) The prosecution case as set out in the police report sent under Section 173 Cr.P.C. and also incorporated in the impugned judgment is that on 31st March, 1992 Hanumant Singh (the maker of the FIR) and his friend Sunil Choudhary were taking food in Surahi restaurant at 4.15 P.M. A young couple had also come there for snacks and was sitting right in front of the seat of Hanumant Singh and Sunil Choudhary.The accused persons, whose names came to be Rakesh Kumar and Preet Kumar, subsequently started teasing the lady. This led to the exchange of hot words between the couple and the accused persons. Hanumant Singh and Sunil Choudhary intervened and asked the accused persons as to why they were harassing the gentle persons. The accused persons now focus their attention to Hanumant Singh and his friend Sunil Choudhary. The accused Preet Kumar asked accused Rakesh Kumar to settle their score first with them as they were trying to be Dada. The accused Rakesh reacted and pushed Hanumant Singh who as a result of this push fell on the ground. Preet Kumar caught hold of Sunil Choudhary from collor and while quarreling they came out of the restaurant. In the meantime Hanumant Singh also came out of the restaurant. Accused Rakesh as per prosecution case took out a knife and assaulted Hanumant Singh from the front. Hanumant Singh managed to hold the blade of the knife with his right hand and in this process he sustained knife injury on his small finger. The knife broke in the process of snatching. The accused Rakesh then ran towards Sunil Choudhary and caught hold of him from behind whereas the accused Preet Kumar hit Sunil Choudhary at his chest with knife and thereafter both of them ran towards their scooter No. DL -36-B-7782. Since they were not able to unlock their scooter, therefore, in haste they left their scooter on the spot and took to their heels. Hanumant Singh lifted Sunil Choudhary and removed him to SDN Hospital where he was declared brought dead. On receiving information about the incident, DD No. 11/A was recorded by SI Bageshwar Kaushik who alongwith Head Constable Yogender and Constable Satpal went towards the Surahi Restaurant where they learnt that the victim had been removed to hospital. SI Bageshwar Kaushik with his team went to the hospital where they collected MLC of Hanumant Singh and obtained information about the complainant being fit for statement and recorded his statement and sent rukka to the police station on the basis of which FIR of this case was registered.;

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