BABU LAL Vs. STATE

JUDGEMENT

(1.) The facts giving rise to this appeal are that on 27.12.1974 at about 6.30 p.m. accused Arjan Dass came to the shoe making workshop of Om Parkash, Public Witness- 5 and asked Moti Lal, Public Witness-13 one of the workers working in that factory as to where the said Om Parkash was. At that time the other accused Om Parkash, Babu Lal and Lila Ram were with Arjan Dass accused. On being told that said Om Parkash had gone to the market, the accused persons waited outside. Shortly; thereafter Om Parkash, Public Witness-5 returned from the market and immediately all the' four accused attacked Om Parkash, Public Witness-5 giving him slaps and fist blows. Thereafter, accused Arjan Dass, Lila Ram and Babu Lal secured Om Parkash.Public Witness- 5, while accused Om Parkash inflicted Rampi blows on the right side stomach, the chest, left fore-arm, front upper side of right thigh and the back of Om Parkash,Public Witness-5. When Bhagwan Dass, Public Witness-6, brother of Public Witness-5 tried to rescue Public Witness-5, he was also given a Rampi blow on his back. Both Om Parkash, Public Witness- 5 and Bhagwan Dass, Public Witness-6 fell on the ground as a result of the blows received at the hands of Om Parkash and other accused. Both the injured were removed to the hospital. S.I. Ram Chander, Public Witness-19, who was entrusted with the investigation of the case reached the spot where he was informed that the injured have already been removed to the Willingdon Hospital. He went to the Willingdon Hospital, collected M.L.C. of the two injured. Since the two injured were declared unfit for making statements, he recorded the statement of Moti Lal, Public Witness-13 who was present there. On the basis of that statement formal F.I.R. No, 1233 under sections 307/341.P.C. was registered at P.S. Karol Bagh,New Delhi and the investigation was done.

(2.) The trial court after appreciating the evidence on record and hearing counsel for the accused and the prosecution found all the four accused persons guilty under Section 307/34 I.P.C. and sentenced them to undergo rigorous imprisonment for three years and a fine of Rs. 200 each; and in default of payment of fine, to further undergo rigorous imprisonment for three months on 4.6.1976.

(3.) Om Parkash.accused has since died and the judgment and order has been challenged by Babu Lal, Arjan Dass and Lila Ram, who are the present appellants.