The main legal point established in the judgment is the importance of reliable testimonies, the need for concrete evidence, and the requirement to establish guilt beyond reasonable doubt.

Badar Durrez Ahmed, J.

1. This appeal is directed against the judgment dated 09.04.1997 delivered by the learned Additional Sessions Judge, Shahdara, Delhi in Sessions Case No.105/1996 arising out of FIR No.232/1990 under Section 302 IPC registered at police station Nand Nagri. By virtue of the said judgment, the appellant Hargiyan has been convicted for the murders of Smt. Rukmani and Mohd Sharif and the appellant has been held guilty of the offence punishable under Section 302 IPC. He was also convicted for the offence punishable under Section 27 of the Arms Act, 1959. This appeal is also directed against the order on the point of sentence dated 10.04.1997 passed by the said learned Additional Sessions Judge, whereby the appellant was sentenced under Section 302 IPC to undergo rigorous imprisonment for life and also to pay a fine of Rs. 1,000 and, in default of the payment of fine, he was to further undergo rigorous imprisonment for one month. Insofar as the offence under Section 27 of the Arms Act, 1959 is concerned, the appellant was directed to undergo rigorous imprisonment for two years and to pay a fine of Rs. 250 and, in default of payment of the fine, he was required to further undergo rigorous imprisonment for 15 days. Both the sentences were directed to run concurrently.

2. The appellant was charged as under on 21.01.1992:-

“Firstly. That on 28-08-1990 at about 11 a.m., in the Gali opposite Houses Nos. I-456, 457, 458 and I-3/343, Sunder Nagari, Delhi, you committed the murder of Smt. Rukmani and Mohd. Sharif by inflicting fatal injuries on their persons with iron rod and dagger respectively, and thereby committed the offence punishable under Section 302 I.P.C., and within my cognizance.

Secondly. That you on the aforesaid date, time and place, were in possession of the dagger which you used for the unlawful purpose of committing murder of Mohd. Sherif, and thereby committed the offence punishable under Section 27 of the Arms Act, 1959, and within my cognizance.”

The appellant pleaded not guilty and claimed trial. The prosecution examined 17 witnesses, whereas one witness was examined in defence.

3. The case for the prosecution is that on 28.08.1990, PW-17 [Inspector Prem Singh] was posted at police station Nand Nagri as the Station House Officer. He was present in the area of the said police station and was looking after the law and order arrangements. He received a wireless message regarding a quarrel at “I” Block Nand Nagri. He immediately rushed to the spot and found ASI Ganga Ram, ASI Chhote Lal alongwith the staff at the spot. The injured persons had already been removed to GTB Hospital leaving behind the other staff members for preservation of the crime scene. The said PW-17 [Inspector Prem Singh] is alleged to have gone to GTB Hospital where he collected the MLCs [Exhibit PW-16/A and Exhibit PW-16/B] in respect of Smt. Rukmani and Mohd Sharif, respectively, both of whom had been declared as having been brought dead to the hospital by the doctor concerned. It is the case for the prosecution that PW-15 [Mohd Shahzad], who was the son of the deceased Mohd Sharif, was present at the hospital and gave his statement which was reduced to writing [Exhibit PW-15/A]. As per the said statement, Mohd Shahzad had stated that on 28.08.1998 at about 10.30 a.m. he had gone to meet his father [Mohd Sharif] at Sunder Nagri. He came to know that his father had gone to Rukmani’s house at I-458, Sunder Nagri. It is further alleged that Mohd Shahzad reached there at about 11.00 a.m. and he allegedly saw the appellant Hargiyan, Rukmani and his father [Mohd Sharif] outside Rukmani’s house. He allegedly heard Hargiyan telling Rukmani and his father [Mohd Sharif] that they had killed his mother [Hargiyan’s mother] on 24.08.1990 by administering poison alongwith Gangajal and that he would kill them. It is further alleged that as per Mohd Shahzad, his father [Mohd Sharif] and Rukmani tried to pacify Hargiyan by telling him t