Sangita Dhingra Sehgal JUDGMENT
Sangita Dhingra Sehgal, J.
1. Present appeal is directed against judgment dated 20.12.2010 and order of sentence dated 22.12.2010 passed by the learned Additional Sessions Judge, Special Judge NDPS, South & South-East District, Saket Courts, New Delhi in Sessions case No. 89/2007 arising out of FIR No. 514/2007 registered under Sections 302/307/34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') at Police Station Sangam Vihar, New Delhi whereby the learned Sessions Judge found the appellants-accused guilty and sentenced them as follows:
"I sentence the convict Indrawati to RI for a period of seven years and convict Inderpal to RI for a period of five years and also to a fine of Rs. 5,000/- each for the offence punishable U/S. 304/34 (II) IPC. They both are also sentenced to RI for a period of three years each and a fine of Rs. 3,000/- each for the offence punishable U/S. 308/34 IPC. In case of non-payment of fine they shall further undergo RI for a period of two months and one months each respectively. Both the sentences shall run concurrently......."
2. The brief facts of the case, as mentioned by the learned Trial Court are reproduced as under:
"..........On 03.06.2007, at about 10.37 PM one DD No. 29A Ex. PW-11/A was recorded at the PS regarding the above incident and the same was assigned to ASI B.D. Khan/PW-11, who had arrived at the spot alongwith Ct. Kamlesh Kumar/PW-9. It was revealed to them that the injured had already been taken to AIIMS Hospital and in the meanwhile they had also received one other DD No. 47B Ex. PW11/B in that regard. SI O.P. Thakur/PW-21 had also reached there alongwith Ct. Ishwar Singh/PW-14 and then PW-11/ASI B.D. Khan and PW-21/SI O.P. Thakur had both reached AIIMS Hospital and had obtained the MLCs of deceased Shakuntala, who was declared brought dead, and of the injured Sh. Kunwar Pal, Geeta and Vicky.
3. It is also mentioned in the chargesheet that the injured Sh. Kunwar Pal was declared fit for making the statement and the IO/PW-21 SI O.P. Thakur had recorded his statement Ex. PW1/A in which he had stated that at about 10 PM in the night after taking his meals he had come out of his house for some fresh air when the accused Inderpal, who was residing in front of his house, had started abusing him on the point of some flow of water of his house in the drain and the foul smell emanating therefrom and the accused had grappled with him. In the meanwhile, the wife of the accused Inderpal, i.e., the co-accused Indrawati, and his son Raju had started pelting bricks/stones from the roof of their house and the accused Indrawati had hit two stones on the head of his wife Shakuntala (since deceased) and she became unconscious at the spot. The son Vicky and daughter Geeta of the complainant had also come out of their house on hearing the noise of the quarrel and the accused Raju had hit on the head of his daughter Geeta with a stone from the roof of his house and the complainant Sh. Kunwar Pal had also received some injuries in the abovesaid quarrel. It was also stated by him that previously also there had been some quarrels and exchange of hot words between their families on the point of the above drain and the accused Inderpal was drunk at the time of above incident.
4. The IO/PW-21 and PW-11 had then both returned back at the sp........