NIRANJAN Vs. STATE

JUDGEMENT

(1.) Out of four accused arraigned before the sessions court appellant was convicted under Section 302 and Section 324 of the Indian Penal Code and sentenced to imprisonment for life and also to pay a fine of Rs. 1,000. 00 or in default of payment of fine to undergo rigorous imprisonment for one year. A Division Bench of the High Court confirmed the conviction and sentence and dismissed the appeal. He filed this appeal by special leave and later requested through letter to discharge Mr. S. K. Verma, advocate, whom he engaged earlier. Thereafter, we appointed Ms. Karthika S. , advocate as amicus curiae to argue for the appellant.

(2.) We heard today the detailed arguments of Ms. Karthika S. and Mr. Altaf Ahmad, learned Additional Solicitor General.

(3.) The story of the prosecution, in brief, is the following: On 13.1.1986, there was a dance in connection with the celebration of Lohri festival. By about 8. 00 p. m. , appellant along with others wanted to dance in the company of ladies but was dissuaded from doing so by others. So, he left that venue in a huff. This happened at about 9. 00 p. m. About one and a half hours thereafter, while the persons who participated in the dance, including deceased Shyam Lal, were proceeding to Chandni Chowk they were surrounded by a large number of persons including the four accused. The assailants attacked the deceased and PW-1 among which the appellant inflicted stab injuries on the deceased. He sustained incised wound among which one was on the left side of the chest and another one was on the abdomen. The injury which he sustained on the chest was on the anterior auxiliary line and the posterior auxiliary line. Surgical emphysema was present and air entry was diminished in the left side. He was taken to the Hindu Rao Hospital, where he was operated upon, but on 16.1.1986 he succumbed to the injuries.