STATE Vs. RAMESH CHAND

JUDGEMENT

(1.) The Additional Sessions Judge, Delhi (Shri D. C. Aggarwal) has convicted Ramesh Chand under section 302 Indian Penal Code . and imposed capital punishment on him; the other two accused Ami Chand and Yogbir Singh alias Bholu (hereinafter called Bholu) have been convicted under section 302/34 I.PC. and each of them sentenced to undergo imprisonment for life.

(2.) The prosecution case is that at about 7.15 P.M. on 23-6-1972 the deceased (Ram Chander) was driving a scooter (No. DHR 3894) along Gali Pathshala (in Manakpura) when all the above three accused stopped him near the shop of Mangey Ram Halwai (not examined). Ramesh Chand wanted that the scooter driver should take all the three of them to Karol Bagh in his scooter, but Ram Chander refused to do so. Ramesh Chand threatened saying that he would give Ram Chander a taste of how he would not take them to Karol Bagh and whipped out aknife while the other two accused pulled him out of the scooter. Ram Chander resisted; in the course of the struggle his clothes were torn. Ami Chand also took out a knife. It is stated that both Ami Chand and Ramesh Chand assaulted Ram Chander with their respective knives and inflicted injuries below the chest on the right side, under the armpit on the left side and on the left thigh. Ram Chander raised an alarm "Bachao Bachao" (save me) and ascended the stairs leading to the house of Budhan (P.W.18). Ramesh Chand closely followed him up the stairs with knife in hand. Budhan entreated them to go away. Within a short time Ram Chander came down stairs followed by Ramesh. All the three accused again surrounded the deceased. Ram Chander attempted to start the scooter in an endeavour to escape. Ramesh again ran after Ram Chander inspite of his stumbling down once. After the scooter was intercepted Ram Chander left the scooter there and fled the place. Ramesh Chand pushed the scooter back up to the platform on which Prem Wati (P.W.2) used to sit challenging as to who could take away the scooter and claiming that the scooter was his. At this moment a Police party reached there. A.S.I, Om Prakash (P.W.20), who was with that party, chased and caught hold of Ami Chand with the knife (Ex.P.1). The other Police officials gave chase to the other two accused who made good their escape.

(3.) The First Information Report of Basant Kumar (P.W.1) was recorded by Dina Nath, S.I. (P.W.27), who was incharge of Police Post Shidipura then. He happened to be present at the Mandir Road, Sabzi Market, Manakpura when he received information that a scooter driver had been stabbed. He reached the scene at once with his companions. P.W.27 himself saw Ramesh Chand and Ami Chand holding open knives one in each hand.