Devinder Gupta, J. - (1.) This reference.has been received from the Court of Shri R.K. Yadav, Additional Sessions Judge, Shahdara, Delhi for confirmation of death sentence. After holding the accused Som Prakash guilty and convicting him for offences punishable under Sections 302 and 307-of the Indian Penal Code ( for short " Indian Penal Code ") byjudgment of conviction dated 9.3.1998, in addition to death sentence for offence under Section 302, Indian Penal Code , the accused has been sentenced to undergo rigorous imprisonment for 7 years for offence under Section 307, Indian Penal Code and to pay a fine of Rs. 1,000.00 and in default to undergo rigorous imprisonment for six months by order of sentence dated 12.3.1998. Separate appeal has been preferred by the accused Som Nath against the judgment, conviction and sentence.
(2.) The charge against the accused is that on 9.1.1978 at about 9.30 p.m. at shop No. 4, Parwana Road, Delhi, he along with Jagan Nath, with intention to commit murder intentionally inflicted injuries on Lal Chand and Vasudev, which were sufficient in the ordinary course of nature to cause their death and thereby committed an offence of murder punishable under Section 302 read with Section 34, I.P.C. and in furtherance of common intention, the accused along with Jagan Nath inflicted injuries with sharp edged object on Premwati and thereby committed offences punishable under Section 307 read with Section 34, Indian Penal Code
(3.) The version of prosecution on which the accused was charged is that Jagan Nath along with his family comprising of his wife Shanti, daughter Neelam and brother 0m Prakash @ Somi @ Som Prakash (the accused) was residing at House No. 15, Brij Puri Extension, Khureji, Delhi. At the back of his house in premises known as shop No. 5, Parwana Road, Khureji, Delhi, Vasudev, a plumber used to reside along with his wife Premwati, daughter Maya Devi and Lal Chand and Vijay Kumar, the brothers of Premwati. On 28.12.1977 Neelam quarreled with her neighbours. Maya Devi witnessed the same and laughed at Neelam, on which Neelam caught hold of Maya Devi and gave beating to her. Premwati intervened and gave beating to Neelam. Jagan Nath and Vasudev also joined. Vasudev is alleged to have given beating to jagan Nath, as a result of which Jagan Nath fell down and got fracture in left hand. Vasudev is also stated to have received injuries. Both of them were allegedly removed to hospital. With this incident as the alleged motive, the prosecution case was that on 9.1.1978 Vasudev, Premwati, Lal Chand and Vijay Kumar had gone to sleep inside shop No. 4, Parwana Road, Khureji, Delhi after closing the shutter. Abruptly there was a knock on the shutter at about 9.30 p.m. Premwati is stated to have enquired about the identity of the person knocking outside. Reply came that a hand pump was to be installed to which Premwati retorted that it was not the time for the work. However, the person knocking is reported to have said that address, the place at which the hand pump is to be installed, be noted.;