DARSHAN LAL Vs. STATE

JUDGEMENT

(1.) The appellants have. been convicted and sentenced to undergo imprisonment for life under section 302 of the Indian Penal Code. Manjit Singh and Amrik Lal two of them were convicted with the aid of section 34 Indian Penal Code .

(2.) The incident in this case took place at Shardanand Market within the jurisdiction of police station Lahori Gate. Shop No. 1 situated on one side of street belongs to Lekh Raj (P.W. 9) and his deceased brother Davinder while shop No. 924/4 belongs to appellants Darshan Lal and Amrik Lal Both the parties sell brooms and the refused used to be dumped in a by-lane a portion of which, to the extent of three feet, had been allegedly encroached upon by the appellant party. The appellants used to object to the throwing of refuse on that place as a result of which both had taken to a hostile stance towards each other. According to the prosecution on 25th of April 1981 dispute arose between the parties on this issue regarding which police was informed. In that incident one Charan Dass and Amrik Lal had sustained simple injuries. The offence was, however, compounded by the parties. Evidence of this fact is provided by Om Dutt S.I (P.W. 14) which is based on official records.

(3.) The present incident took place on 24th of June 1982. It was in this incident that Davinder deceased died consequent to the fatal injury he sustained at the hands of Darshan Lal appellant. The evidence as to how the incident took place is provided by Public Witness . 2 Ramji Lal and Public Witness 9 Lekh Raj; maternal uncle and the brother of the deceased respectively Ramji Lal (P.W. 2) runs shop No. 3 adjacent to shop No. 1.