CHIRANJI LAL Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 27.01.1997 passed by the learned Additional Sessions Judge, Delhi, in Sessions Case No. 126/1995 arising out of FIR No. 254/1993 of P.S. Sarai Rohella under Section 302/34 IPC. Initially, there were two accused in this matter, namely, the present appellant Chiranji Lal and one other, that is, Premi. By virtue of the impugned judgment, while Chiranji Lal (the present appellant) was convicted under Section 302 IPC, the co-accused Premi has been acquitted.

(2.) By virtue of the impugned order on sentence dated 29.01.1997, the appellant has been sentenced to life imprisonment and has also been made liable to pay a fine of Rs. 500/- and, in default thereof, he was to undergo simple imprisonment for one month. The present appeal has been filed by the appellant, being aggrieved by the impugned judgment and the impugned order on sentence.

(3.) According to the prosecution, the appellant as also the victim and late Desraj, PW7 Lala Ram and PW9 Parkash were all labourers. Whereas the appellant and Premi worked for one contractor, the deceased Om Parkash, PW7 Lala Ram, late Desraj and PW9 Parkash worked for another contractor. It is the case of the prosecution that on 19.08.1993 at Inderlok Daya Basti, the deceased Om Parkash had confronted the appellant Chiranji Lal and asked him as to why he was under cutting him on labour charges. The apparent case of the prosecution is that Chiranji Lal and his group were offering their services to the contractors at lower rates than that of Om Parkash and his group. This had enraged Om Parkash and that is why Om Parkash had questioned Chiranji Lal as to why he was doing so. After some time, the altercation between the appellant Chiranji Lal and the deceased Om Parkash was quelled and, shortly thereafter, all the six persons, namely, Premi and Chiranji Lal on the one hand and Om Parkash, Lala Ram, Desraj and Parkash boarded the same bus at Inderlok for going to their respective homes. In the bus, again, hot words and abuses were exchanged between Om Parkash and Chiranji Lal. The driver and the conductor of the bus asked all of them to get down from the bus at Railway Colony, Kishan Ganj. It is the prosecution case that soon thereafter, Parkash caught hold of Om Parkash and exhorted Chiranji Lal to kill Om Parkash. On this, Chiranji Lal broke open the liquor bottle which was in his possession and gave a blow with the same in the stomach of the deceased Om Parkash. He started bleeding profusely. Chiranji Lal and Premi are alleged to have run away from the scene. Thereafter, Om Parkash was taken to hospital by Desraj and Parkash. Lala Ram also accompanied. However, he got down in the way to inform the family members of the injured Om Parkash. Om Parkash, however, died in hospital after some time.