LALLOO Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 11.3.1982 passed by the learned Additional Sessions Judge, Delhi whereby the appellants were convicted under Section 325 read with section 34 of the Indian Penal Code and were sentenced to undergo Rigorous Imprisonment for four years each. In addition they were sentenced to pay a fine of Rs. 500/- each. In default of payment of fine they were to suffer further Rigorous Imprisonment for three months each.

(2.) THE prosecution case briefly is that Prehlad Singh son of Shri Ram Lagan was going with his cycle-rickshaw in Chauri Gali, Jehangirpuri to go to Subzi Mandi, Azadpur when he saw both the appellants creating a row in the middle of the street Prehald asked them to allow him to pass his rickshaw and they should get to aside. Jaspal appellant caught hold of Prehlad by the collar of his shirt and the other appellant namely, Lalloo gave him fist blows and pushes. Prehald raised alarm which attracted Ashok Kumar and Pyre Lal. Ashok Kumar asked the accused persons as to why they were giving beating to Prehlad and on this Lalloo then accused shouted and exhorted Jaspal "Mar Sale Ko" and he also shouted as to who was Ashok Kumar to come in between them. Lalloo then caught hold of the hand of Ashok Kumar and Jaspal took out a churi and gave below to Ashok on his belly. Many persons assembled there and both the accused persons fled away. Ashok was brought in the cycle rickshaw to G.T. Road and from there in a taxi he was taken to Hindu Rao Hospital. The police came to the hospital and recorded the statement of Prehald and the case was registered. Jaspal accused was arrested but Lalloo absconded. He however, appeared in the Court of the committing Magistrate.

(3.) ASHOK PW 2 deposed that on 23.5.1979 at about 8.45 p.m. he was present in Chauri Gali in Jehangirpuri, Delhi. He was having a talk with Pyare Lal and Hari Kishen at that time. They heard cries of Bachao, Bachao and went to place of the occurrence. They found that both the accused persons who were present in the court, were beating Prehlad Singh. He told them as to why they were beating the poor man. Lalloo said that who was he to speak. He caught hold of him and Jaspal accused gave him churi blow on the left side of his Belly. Thereafter both the accused persons ran away and he was brought in the rickshaw to G.T. Road and there in a taxi to Hindu Rao Hospital. In Cross-examination, he stated that at the scene of occurrence some women and other persons had come from their houses on hearing the noise. He admitted that he was in his senses even after he had received the churi blow and was taken in a rickshaw. He however, became unconscious in the hospital and thereafter he reigned his consciousness. He was discharged from the hospital after 20 days. The police met him after he was discharged. He also admitted that he did not know both the accused earlier to the occurrence.