BRIJ MOHAN Vs. STATE

JUDGEMENT

(1.) Brij Mohan who was a young man of 18 or 19 years of age was tried along with two of his companions, namely, Krishan Kumar and Naresh Kumar for the murder of one Subhash Chander of the same locality. Brij Mohan was also tried for the offence of possession of an un-licensed spring actuated knife. All these persons including the deceased Subhash Chander were residents of Krishan Nagar Delhi. Subhash Chander himself was also a young man of about 22 years of age while the companions of Brij Mohan were of a much younger age. Jagdish Nigam who was the fourth accused, was so young that he was separately tried under the Children's Act while the other persons including Brij Mohan were tried by an Additional Sessions Judge.

(2.) The Additional Sessions Judge held that the charge against Krishan Kumar and Naresh Kumar had not been proved beyond reasonable doubt and therefore ordered their release, but so far as Brij Mohan is concerned it was held that he was guilty of an offence under Section 302 IPC and wasi sentenced to imprisonment for life. But as regards the charge relating to the possession of an un-licensed knife (Ex.PI), the learned Addl. Sessions Judge was not satfied with the evidence and therefore held that the charge must fail.

(3.) The prosecution case against Brij Mohan who has appealed to this Court against his conviction and sentence, was that in furtherance of the common intention of all the four accused persons, namely, Brij Mohan, Jagdish Nigam, Krishan Kumar and Naresh Kumar, of whom Brij Mohan was possessed of an un-licensed spring actuated knife (Ex. PI), Subhash Chander was stabbed and was killed on November 18, 1969. The motive for the crime was alleged to be that a few days before the occurrence Brij Mohan had complained to Kartar Singh (PW7) that Subhash Chander had been casting an evil eye on his sister and that he should be advised to refrain from such mis-conduct in future. On November 18, 1969 at about 11.45 P.M. there was a knock at the door of Subhash Chander deceased. Ashok Kumar (PWI), brother of Subhash Chander deceased, opened the door and found Brij Mohan standing there. Jagdish Nigam another accused was also standing at the door near Brij Mohan. Both of them informed Ashok Kumar that Pushpal, a friend of Subhash Chander who had come from Bombay, was waiting for Subhash Chander at the Krishan Nagar Chowk.