RISHI PAL Vs. STATE

JUDGEMENT

(1.) These three appeals are directed against an order dated 5.12.1987, of Shri S.C. Jain, Additional Sessions Judge, Delhi (as his lordship then was), whereby he held the appellants Chhotu, Rishi Pal and Gian Chand guilty of having committed murder of Chhotey Lal. By the order of sentence dated 8.12.1987, the appellants were sentenced to undergo imprisonment for life under Section 302 read with Section 34 I.P.C. The appellants were also sentenced to undergo rigorous imprisonment under Section 394/34 read with Section 397 Indian Penal Code They were also sentenced to undergo rigorous imprisonment for five years under Section 436/34 I.P.C. They were also ordered to pay a fine of Rs. 500.00, each, and in default of payment of fine, to further undergo rigorous imprisonment of one month each. With reference to the offence under Section 302/34 I.P.C., the appellants were also ordered to pay a fine of Rs. 500.00 each, and in default of payment of fine, to undergo rigorous imprisonment for one month each. It was directed that all the sentences shall run concurrently. It was also ordered that the appellants are entitled to the benefit of Section 428 Cr. P.C.

(2.) The case of the prosecution was that on 19.10.1984, at about 8.50 p.m. the appellants, in furtherance of their common intention, had voluntarily caused hurt of Shri Pal, committed robbery of Rs. 5.500.00from the cash box of Chhotey Lal and his sons. While committing robbery, they used deadly weapons, consisting of knives and hockey sticks and caused injuries to Shri Pal, and further that they Caused wrongful loss or damage to the property of Chhotey Lal his sons of more than Rs. 50.00, committed mischief by fire, intending to cause or knowing it to be likely that they would thereby cause destruction of the tea stall/dhaba which was ordinarily used as a place for the custody of property by Chhotey Lal and his sons, and they caused death of Chhotey Lal.

(3.) The story of the prosecution further is that the accused Gian Chand, Rishi Pal, Raj Singh and Chhotu used to come to Chhotey Lal's shop/tea stall for taking meals and tea etc. The accused Gian Chand and Rishi Pal did not pay for the meal and tea several times earlier and threatened Chhotey Lal when he made demand for the money.