KRISHNA MURARI, J. - (1.) These two appeals are directed against the impugned judgment and order dated 09.05.2014 passed by the High Court[1] dismissing the criminal appeal filed by the appellants challenging the order of conviction against them whereby the appellants were convicted under Section 302 IPC r/w Section 34 IPC. One of the accused-appellant, Inderjeet Singh, was also held guilty and convicted under Section 27 of the Arms Act and were sentenced to undergo imprisonment for life and a fine of Rs.5000/- each, in default of payment to undergo Simple Imprisonment for 3 months. Accused-appellant, Inderjeet Singh, was also sentenced to Rigorous Imprisonment for one year under Section 27 of the Arms Act and this sentence was to run concurrently with the sentence already awarded to him under Section 302 IPC. [1] High Court of Delhi
(2.) In brief the prosecution case is that on 03.08.1990, on receipt of DD No. 18-A, SI Joginder Singh along with SI Gian Singh, Constable Jai Singh and Constable Narender Pal reached Sukhdev Market on the street which goes to Qumayun Restaurant, where near House No. H-801 a crowd was gathered and they came to know that injured had been removed to AIIMS in a PCR vehicle. Leaving Constable Narender Pal at the spot, SI Joginder Singh along with other police officials reached AIIMS, where he came to know that injured Devinder Singh @ Ladi was declared as 'brought dead'. Two brothers of the deceased, namely, Parminder Singh and Amar Singh, were found present in the hospital. Parminder Singh gave his statement to SI Joginder Singh to the effect that he has six brothers and his three brothers, namely, Harinder Singh, Ravinder Singh and Rajinder Singh reside with his mother Smt. Prakash Wati at House No.826/5, Arjun Nagar. His eldest brother Amar Singh resides at House No. 15/88, Geeta Colony along with his family and he along with his family resides at 53/F, D-12 Area, Sector 4, Bangla Sahib Marg, New Delhi. His sister Saroj resides at 98-A Baba Kharak Singh Marg along with her family. About three years ago, one person namely Khazan Singh had been murdered and his brother Devinder Singh @ Ladi had been arrested for his murder and a case for murder was pending against him. He was released on interim bail from the Court and used to reside with his sister Saroj. On 3.8.1990 Devinder Singh @ Ladi came to the house of his mother and his other brother Amar Singh also reached there and they had their meals together. At about 10:00 PM, Parminder Singh along with his brothers, Devinder Singh@ Ladi and Amar Singh left the house for going to their respective houses. They were moving on foot towards taxi stand situate in Sukhdev Market. He and Amar Singh were about ten paces ahead of Devinder Singh @ Ladi . At about 10:10 PM, when they reached near the corner of Sukhdev Market, they heard Devinder Singh @ Ladi raising an alarm 'Bachao-Bachao' and on turning back, they saw that Amar Singh, S/o Likhi Chand and Shiv Charan, S/o Pooran Chand were giving hockey blows and one Inder Singh, S/o Khazan Singh was giving knife blows to Devinder Singh @ Ladi. His brother Devinder Singh@ Ladi fell on the ground and Inderjeet Singh gave him many knife blows. When they tried to rescue their brother, all the above three accused persons brandished their knife and hockeys and warned that whosoever will come to save Devinder Singh, they will also kill him. Thereafter all of them ran towards Bhisham Pitamah Marg, his brother Devinder Singh became unconscious. Many persons including Sujan Singh, S/o Ram Singh assembled there. After sometime, PCR van came and removed Devinder Singh to AIIMS, where he was declared dead by the Doctor.
(3.) On this statement, a case was got registered and investigation was conducted by Inspector Richpal Singh. During investigation, Inspector got the spot photographed, prepared site plan, seized one broken piece of hockey, one pair of dirty white shoes, one steel strip, sample blood, blood stained earth, sample earth from the spot. Inspector also seized the blood stained clothes of Amar Singh and Parminder Singh, got conducted the post mortem on the dead body of the deceased, recorded the statement of witnesses and collected the post mortem report. Inspector arrested the accused persons and recorded the disclosure statement of accused Inderjeet Singh @ Inder, who got recovered the knife, which was used to commit the murder. Inspector also recorded the disclosure statements of accused Amar Singh and Shiv Charan, who got recovered the hockeys, used in commission of offence. The recovered items were sealed separately in pulandas and were sent to CFSL. After completion of investigation, challan under Section 302/506/34 IPC was filed in the Court of concerned Metropolitan Magistrate, who committed this case to the Court of Sessions. All the accused persons pleaded not guilty to the charge framed against them and claimed trial. Accused Inderjeet Singh was separately charged for an offence under Section 25 and 27 of Arms Act.;