CHARAN SINGH Vs. STATE

JUDGEMENT

(1.) BY way of these appeals the three appellants have assailed the judgment dated 22nd April, 2003 passed by the learned Additional Sessions Judge holding all of them guilty of committing murder of one Raj Bansi on 17th May, 1999 as well as the order dated 14th May, 2003 whereby they have been directed to undergo imprisonment for life and also to pay a fine of Rs. 5,000/ - each with a default stipulation. Since all these appeals arose out of a common judgment of the trial Court they were heard together and are now being disposed of by way of this common judgment.

(2.) BRIEFLY stated, facts of the case as per the prosecution version are that on 16th May, 1999 accused -appellant Ashok @ Lala had picked up a quarrel over some trivial matter with the deceased Raj Bansi and one Pawan(PW -2). That dispute was later on settled with the intervention of Harish Sharma(PW -3), who was running a tent house in J.J.Colony, Wazirpur, Delhi and was the employer of the deceased and one Vijay Kumar(PW -1) with whom PW -2 Pawan was employed as a conductor for his bus. On 17th May, 1999 Ashok @ Lala came to the shop of Harish Sharma (PW -3) at around 4.00 p.m. alongwith his brother Vinod. At that time PW -3 Harish Sharma was present at his shop and one cousin of the deceased, PW -10 Ganesh Yadav, was also sitting with him. Pointing out towards his brother Vinod accused Ashok @ Lala said that Raj Bansi had again beaten his brother and that he would not spare him and saying so went towards the park behind Shiv Mandir. PW -10 Ganesh Yadav, who had come to meet Raj Bansi who was not there at that time, asked Harish Sharma as to what was the matter and then Harish Sharma alongwith Ganesh Yadav also followed Ashok @ Lala in order to avoid any kind of fight. When they reached the park which was nearby to the shop of Harish Sharma they saw that Ashok @ Lala and his companions Charan Singh, Radhey Sham and one Chawani, who were all residents of the same mohalla and were having cricket stumps(wickets) in their hands at that time, had caught hold of Raj Bansi. At that time Raj Bansi 's friend Pawan Kumar(PW -2) was also present there with him and within no time the three associates of Ashok @ Lala started beating Raj Bansi and Pawan with the wickets. Accused Ashok @ Lala then pulled Raj Bansi and told his companions to catch hold of Raj Bansi and that he would not leave Raj Bansi alive( pakro, aaj is saale ko zinda nahin chorunga). Then his companions caught hold of Raj Bansi and Ashok @ Lala took out some weapon and gave a blow with that weapon on the chest of Raj Bansi due to which Raj Bansi fell down on the ground. Seeing Harish Sharma and Ganesh coming near Ram Bansi to save him all the four accused fled away from the spot. Harish Sharma informed the police. PCR people came there and removed Raj Bansi to Hindu Rao Hospital but he succumbed to his injuries there within few minutes of his arrival there at about 5 p.m.

(3.) DURING investigation all the four persons named by the informant Harish Sharma in his first information statement were arrested and upon completion of investigation the three appellants were charge -sheeted by the police and in due course their case came to be committed to the Sessions Court while the fourth accused Shiv Kumar @ Chawani being a juvenile was sent up for trial before the Juvenile Court.