DEWAN CHAND Vs. STATE

JUDGEMENT

(1.) -On August 28, 1980, an Additional Sessions Judge Delhi (Shri S.C.Jain), convicted each of the appellants, Dewan Ghand and Gopal for offence of murder of Dwarka Parshad punishable under Section 302 read with Section 34 Indian Penal Code and sentenced each of them to undergo imprisonment for life. Dewan Ghand appellant was further found guilty of and convicted in respect of offence punishable under Section 27 of the Arms Act for unlawfully using a knife for the commission of the murder of Dwarka Parshad.

(2.) The first information report against the appellants was registered on the basis of a statement of Daulat Ram, resident of house No.9/21-A Vijay Nagar Double Storey Quarters, Kings way Camp, Delhi. He is father of Dwarka Parshad. The statement was briefly as follows. On September 18, 1979 at about 920pm. he heard a noise of a quarrel coming from outside the house. Daulat Ram came out of the house and found that the appellants were beating his son Dwarka Parshad. He raised an alarm in order to get help. On hearing that alarm, Vinod Kumar (Public Witness 7) and Subhash (Public Witness 9), both sons of Daulat Ram and many persons of the locality collected. The appellant. Dewan Chand gave a knife blow to Dwarka Parshad which fell on the left thigh of the latter. Vinod Kumar (Public Witness 7) tried to over power Dewan Chand but the latter gave a knife blow to the former also. Vinod also in that way sustained injuries on his left hand. On finding that a large number of persons had gathered, both the appellants made good their escape. Dwarka Parshad after receiving knife blow entered house No. 9/20 with a view to save himself. He was, thereafter taken in a three wheeler scooter by his brothers Vinod Kumar (Public Witness 7) and Subhash (PW 9) to the hospital.

(3.) There was quarrel between the appellants on the one side and Dwarka Parshad on the other side two or three days prior to the aforesaid occurrence but at that time Dwarka Parshad was able to escape unharmed and succeeded in running away. Both the appellants thereafter conspired with each other and it was on account of that conspiracy that Dwarka Parshad was injured.