KAMAL KISHORE Vs. STATE OF DELHI

JUDGEMENT

(1.) Challenge in this appeal is to the judgment dated 22nd January, 2000 and order on sentence dated 27th January, 2000 passed by learned Additional Sessions Judge, Shahdara, Delhi in Sessions Case No.58/1998 arising out of FIR No.62/98, PS Vivek Vihar whereby the appellants were held guilty of offence u/s 302/34 IPC and u/s 27 of the Arms Act and were sentenced to undergo imprisonment for life and to pay a fine of Rs.500/- each and in default of payment of fine, to further undergo RI for 15 days for offence u/s 302/34 IPC. They were also sentenced to undergo Rigorous Imprisonment for a period of three years with a fine of Rs.100 each, in default to undergo 10 days RI for the offence under Section 27 of the Arms Act.

(2.) Prosecution case emanates from the fact that the deceased Keemti Lal Kapoor was doing the business of property dealer at 28/8, Gali No. 15, Vishwas Nagar, Delhi. Opposite his shop, there was a shop of the appellant Kamal Kishore who was doing the business of electronics. Appellant Jai Bhagwan also used to sit with Kamal Kishore at his electronic shop. Kamal Kishore had extended the shop unauthorizedly. Complaints were made by the deceased Keemti Lal Kapoor to MCD and DCP Office which infuriated the appellant, as a consequence of which on 16th March, 1998, he visited the office of deceased Keemti Lal Kapoor twice but he was not available on both the occasions. At about 5:45 PM, both the accused came to the shop of Keemti Lal Kapoor and inflicted indiscriminate knife blows as a result of which Keemti Lal Kapoor succumbed to injuries.

(3.) In order to substantiate its case, prosecution examined as many as 22 witnesses. All the incriminating evidence was put to the accused persons while recording their statement under Section 313 Cr.P.C. in which they denied the case of prosecution and alleged false implication in this case. They also examined two witnesses in their defence.