- (1.) These two appeals are directed against a Division Bench judgment of the Delhi High Court which dismissed the appeal filed by the appellants jointly. Appellants-Dharamvir and Sunil Kumar were held guilty of offence punishable under S. 302 read with S. 34 of the Indian Penal Code, 1860 (in short the 'IPC'). Accused-appellant Dharamvir was further found guilty of offence punishable under S. 27 of the Arms Act, 1959 (in short 'the Arms Act'). Each was sentenced to imprisonment of life and a fine of Rs. 2,000/- with default stipulation. Dharamvir was separately sentenced to undergo RI for three years for the offence punishable under S. 27 of the Arms Act and a fine of Rs. 1,000/- with default stipulation.
(2.) Prosecution version delineated in its essentials is as follows : Jai Kishan (hereinafter referred to as 'the deceased') was the brother of Rajesh (PW 5). They were living at Sultanpuri. Deceased used to sell eggs in a Kokha and was on visiting terms with an eunuch named Mumtaz, who lived in E-Block Sultanpuri. The father of Rajesh had advised deceased to severe his relationship with Mumtaz and he had stopped going to Mumtaz. This had annoyed Mumtaz. Accused-appellant Dharamvir was also visiting Mumtaz, who had instigated Dharamvir against the deceased. On 22-5-1996 at about 7.00 p.m. Dharamvir had come to the house of Rajesh and told deceased in a threatening tone as to why he was not visiting Mumtaz. He wanted to take deceased along with him but at the advise of Rajesh he did not accompany him.
(3.) On 23-5-1996 when Rajesh (PW 5) got up in the morning he found that his brother Jai Kishan was not present in his room and his room was locked. He was suspicious and started searching for his brother. He went to the house of Mumtaz. It was about 7.00 a.m. when he found his brother there. Both the accused-appellants Dharamvir and Sunil were also there. They were engaged in some arguments. He told his deceased brother to come back home. Mumtaz told Rajesh that his brother would be sent back soon. Rajesh (PW 5) started coming back towards his home. When he reached the park of 'A' Block he heard the voice of his brother and saw his brother running from the house of Mumtaz. Accused-appellants Dharamvir and Sunil were chasing him. Dharamvir had an open knife in his hand. When deceased reached near 'A' Block, appellant-Sunil caught hold of him and appellant-Dharamvir gave him knife blows. Rajesh had raised the alarm "Bachao-Bachao" (save-save). In the meantime Vinod, son of Piary Lal (PW 3) and some other persons reached there. Accused-appellants Sunil and Dharamvir ran away. Rajesh along with Vinod took his brother to the hospital where his brother was declared to have been brought dead. In his complaining statement he pointed that Mumtaz, Dharamvir and Sunil in furtherance of their common intention had attacked his brother-deceased. On the basis of said complaining statement, first information report was lodged and investigation was undertaken. After completion of investigation charge sheet was placed and the accused persons were tried.;