SHANKAR LAL Vs. STATE

JUDGEMENT

(1.) THE status report in respect of appellant No.1-Shankar Lal has been placed on record along with a copy of the death certificate. It is evident that the appellant No.1-Shankar Lal died on 17.10.2008. The appeal therefore stands abated as regards appellant No.1 is concerned.

(2.) THIS appeal is directed against the judgment and order of the learned Additional District Judge dated 16.12.1997 whereby the two appellants Shankar Lal and Ajay (son of Shankar Lal) were convicted for the offence punishable under Sections 302/323/34 IPC. By the order dated 20.12.1997, they were sentenced to undergo life imprisonment and directed to pay a fine of Rs.500 and in default of which to undergo simple imprisonment for one month each. The appellants were already sentenced to RI of three months in respect of offence punishable under Sections 323/34 IPC. Both substantive sentences were ordered to run concurrently.

(3.) THE prosecution case was that the deceased Kishan Kumar was resident of B-476 Sudarshan Park, Moti Nagar. He also used to run a Kirana Shop in the same premises. The appellants Ajay and Shankar Lal were residing in his neighbourhood in premises bearing No.B-467, Sudarshan Park. The further allegation was that on 23.6.1994 at about 11:30 AM. Shankar Lal went to purchase a bundle of biri from the deceased. After purchasing the bidi bundle he (Shankar Lal) allegedly took out one or two of them from the bundle and said that the biris were fake. The deceased (Kishan Kumar) allegedly protested at this and told Shankar Lal that since a new bundle had been opened, he could take any other bundle from other bundles placed before him. The prosecution further alleged that a verbal altercation ensued in which Shankar Lal used harsh words by saying tumhame nakli biri pilate ho aur khud asli biri pete ho. Shankar Lal threatened Kishan Kumar that he would teach him a lesson. Thereafter Shankar Lal caught hold of Kishan Kumar by his hand and forcibly pulled him out of his shop and simultaneously shouted that Aajtumhe nakli biri pilane ka maja chakate hain.