- (1.) The appellant herein was Accused 2 before the learned Additional Sessions Judge, Delhi in SC No. 13 of 1998.
(2.) This appellant and another accused named Mukesh who was A-1 before the trial court were charged for offence punishable u/s. 302 read with Sec. 34 of the Indian Penal Code for having caused the death of Dinesh Kumar at about 9.00 p.m. on 6.4.1998 at Anand Parbat located in Delhi. The trial court after considering the material on record came to the conclusion that the accused are guilty of offences punishable u/s. 304 Part I read with Sec. 34 of the Indian Penal Code, hence, sentenced both the accused persons to undergo 10 years' rigorous imprisonment and imposed a fine of Rs. 1000.00 each and in default to undergo further period of one month. Their appeal before the High Court of Delhi having failed, the second accused alone has preferred this appeal before this Court.
(3.) The brief facts necessary for the disposal of this appeal is that deceased Dinesh Kumar was related to one Dhiraj Kumar and PW 12 Ravinder Kumar. There was enmity between the uncle of Dhiraj Kumar and A-1 Mukesh and criminal cases were pending against each other. In the evening of 6.4.1998 it is stated by the prosecution that deceased Dinesh Kumar came to visit the family of Dhiraj Kumar and at about 9.00 p.m. the deceased along with Dhiraj Kumar and PW 12 Ravinder Kumar went to a juice shop for drinking juice, at that time it is stated that the appellant herein along with A-1 Mukesh came to the said shop and on seeing the deceased Dhiraj Kumar and PW 12 Ravinder Kumar, A-1 allegedly told the appellant to catch hold with an intention to assault them. On being told so by A-1, A-2 Bishan held the deceased Dinesh Kumar while A-1 Mukesh stabbed him in the right side of the abdomen. The further case of the prosecution is that the accused persons ran away from the place of occurrence and injured Dinesh Kumar was taken to Ram Manohar Lohia hospital by Dhiraj Kumar and PW 12 Ravinder Kumar where Dinesh Kumar died next morning. The incident in question was reported by Dhiraj Kumar to the police by lodging a complaint at about 10.05 p.m. on 6.4.1998, consequent to which the police visited the hospital and recorded the statement of Dhiraj Kumar which was treated as FIR at about 1.05 a.m. on 7.4.1998, and the FIR which was originally registered under Section 307 was converted u/s. 302 read with Sec. 34 of the Indian Penal Code and after conducting investigation and arresting the accused persons the investigating agency filed the charge against the accused persons, as stated above.;