Pratibha Rani, J.

1. The Appellants Sunita Sharma and Sudhir Sharma have preferred this appeal impugning the judgment dated 07.10.1998 and order on sentence dated 08.10.1998 whereby they have been convicted under Sections 302/324/323/34 IPC and sentenced to undergo life imprisonment with fine of Rs.2,000/- each for committing the offence punishable under Section 302/34 IPC, further to undergo RI for six months for committing the offence punishable under Section 324/34 IPC and also to undergo RI for one month for committing the offence punishable under Section 323/34 IPC.

2. Briefly stating, the prosecution case is that the Appellants before this Court are husband and wife who were residing as tenant in a single room unit just adjacent to the house of the complainant and were having a common compound. Both the parties were having grown-up children. While the Complainant PW-2 Sh.Kuldeep Raj had two sons, the Appellants Sunita Sharma and Sudhir Sharma had a daughter and a son. A day prior to this incident, Kaka – the younger son of the Complainant said something to the daughter of the Appellants which was to the disliking of the Appellants. The matter was brought to the knowledge of PW-5 Smt.Chanchal, mother of the deceased Raman @ Kai by Appellant Sunita Sharma.

3. The complaint Ex.PW2/A which formed basis of registration of case FIR No.27/1993 at PS Preet Vihar reveals the sequence of events as under :

(i) The complainant PW-2 Sh.Kuldeep Raj was residing at 88-B, Gali No.5, East Laxmi Nagar Market and the Appellant Sudhir Sharma was residing at 88-C, Gali No.5, East Laxmi Nagar Market.

(ii) A day prior to the incident Appellant Sunita Sharma informed PW-5 Smt.Chanchal Rani that their younger son Kaka had said something to Appellants’daughter Meenakshi which caused annoyance to Appellant Sudhir Sharma.

(iii) On 14.02.1993 at about 7.45 pm Appellant Sudhir Sharma called his (complainant’s) eldest son Raman @ Kai. When Raman went out in front of the house of Appellant Sudhir Sharma, he was hit by something and on hearing the cries of Raman, he rushed out to see as to what had happened.

(iv) He saw Appellant Sunita Sharma holding the hair of his son Raman from behind. Raman was lying down and Appellant Sunita was hitting him with an iron ‘musli’. On hearing the noise, his wife Chanchal Rani (PW-5) and nephew Pawan (PW-16) also came out and joined him to save Raman from Sudhir Sharma who was holding a long chhuri in his hand. Appellant Sudhir Sharma also assaulted Pawan with that churri and in the process to save Raman, PW-2 Sh.Kuldeep Raj and his wife also received injuries.

(v) The complainant PW-2 Sh.Kuldeep Raj took his son Raman, his wife Chanchal and nephew Pawan to JPN Hospital where Raman was declared ‘Brought Dead’ and he and other two injured were given the necessary treatment.

4. On the basis of complaint Ex.PW2/A made by PW-2 Sh.Kuldeep Raj, case FIR No.27/1993 was registered at PS Preet Vihar. After completion of investigation, chargesheet was filed against both the Appellants. On compliance of requirements of Section 207 CrPC, the case was committed to the Court of Session and registered as Sessions Case No.197/1994. Both the Appellants were charged for committing the offence punishable under Sections 302/307/324/323/34 IPC. As the Appellants pleaded not guilty and claimed trial, prosecution has examined 21 witnesses in support of its case. Appellants were also examined under Section 313 Cr.P.C to enable them to explain the evidence appearing against them. Appellants have produced DW-1 Sh.Surender Kumar, DW-2 Sh.Raghunath and DW-3 Ms.Meenakshi Sharma in their defence.

5. After considering the testimony of PW-2 Sh.Kuldeep Raj – the complainant and PW-5 Smt. Chanchal Rani, who were also injured in the occurrence and are parents of the deceased Raman @ Kai, the learned Addl. Session Judge had convicted both the Appellants Sunita Sharma and Sudhir Sharma for committing the offence punishable under Sections 302/324/323/34 I