SHAM LAL Vs. STATE

JUDGEMENT

(1.) Sham Lal & padam Lal (accused 1 and 2) are the appellants in Cr. Appeal 158 and Madan Lal (accused 3) is appellant in Cr. Appeal 159 of 1970. Both the appeals will be disposed of by a common judgement since they arise out of a common judgement. All the three accused were found guilty under section 326/."4 Indian Penal Code . ; Sham Lal was sentenced to undergo rigorous imprisonment for five years while the other accused had been sentenced to undergo rigorous imprisonment for three years each.

(2.) The case of the prosecution is that on 8-6-1970 at about 8.30 p.m. all the three accused (all of them being aged about 21), who lived in the Sabzi Mandi area went in a taxi to Geeta Colony, Gandhi Nagar where the deceased (Ram Lal, aged about 17) was living. They saw the deceased going ahead of them. On seeing Ram Lal all the accused got down from the taxi. The accused asked Ram Lal to accompany them to carry a pick pocketing. When Ram Lal declined Padam Lal and Madan Lal gave fist blows and caught hold of him and asked Sham Lal to do away with him. Sham Lal thereupon gave a knife blow on the back of right thigh of Ram Lal. Thereafter all the three accused ran away.

(3.) Ramesh Chand, brother of Ram Lal (P. W.4) took the deceased to the Police Station Gandhi Nagar where the F.I.R. (Ex. Public Witness . 5/A) was lodged by Ram Lal within about half an hour of the occurance. His statement was recorded by S.I. Kapur Singh (P.W.5). From there Ram Lal was taken to the Irwin Hospital where he was admitted at about 9.30 p.m. There was profuse bleeding from his wound. Gangrene set in later resulting (in the amputation of his right leg. He died at 5.45 p.m. on 17-6-1970. He had developed pneumonia as a result of toxaemia and septicaemia on account of the wound becoming infected ; the amputation became necessary for this reason. Inspector Inder Lal Kapur (P.W.8) arrested Madan Lal and Padam Lal on 18-6-70 and Sham Lal on 30-6-1970. They denied their participation in the occurance.