STATE Vs. KHEM CHAND

JUDGEMENT

(1.) In this appeal filed by the State the judgment of acquittal of respondent, Khem Chand is under challenge. The other respondent, namely, Sohan Lal, father of Khem Chand died during the pendency of this appeal and his name has already been struck off.

(2.) Briefly, the prosecution case is that the residents of Mukimpura used to tease accused Sohan Lal, also a resident of Mukimpura, by calling him 'Kalia' as Sohan Lal was of dark complexion. On 14th May 1978 at about 5 pm Laxmi Narain teased Sohan Lal by addressing him as Kailia and on this Sohan Lal started abusing Laxmi Narain @ Babbu. At that Laxmi Narain being stronger felled Sohan Lal and over-powered him. Incidently Khem Chand came there from Gali Bhim. Khem Chand being Cobbler was carrying with him a Rampi (an instrument of leveling leather). Sohan Lal exhorted Khem Chand "Dekhta Kaya Hai, Sale Ko Jaan Se Maar De"(What are you looking at, kill the rascal). On this exhortation Khem Chand inflicted an injury on the back of Laxmi Narain with that Rampi. Laxmi Narain fell along the wall of the gali. Thereafter, Khem Chand and Sohan Lal ran away towards Mukimpura. Vishnu Datt Kaushik, who was present at his house came out on hearing the alarm. He found Laxmi Narain lying against wall and bleeding. He gave telephonic information to Police Control Room. The telephonic call was received by Head Constable Rajbir Singh of Police Control Room. SI Vimlesh Kurnari filled in the requisite form and on the basis of that form Head Constable Rajbir Singh entered report No. 38 in the daily diary. Head Constable Darshan Kumar received the telephonic information from Sub Inspector Vimlesh Kumari of Police Control Room about the occurrence. So, the Head Constable Darshan Kumar had recorded that report in Daily Diary at No.40 and handed over a copy thereof to Sub Inspector Ram Kishan for enquiry.

(3.) Sub Inspector Kali Ram who was in Police Control Room received wireless information from Police Control Room that stabbing incident had taken place in Gali Mukimpura. So, he reached the place of occurrence. Laxmi Narain was lying on a cot in an injured condition at that time.