GOBIND Vs. STATE

JUDGEMENT

(1.) This judgment will dispose of three criminal Appeals being Nos.23, 65 and 66 off 1973. The ppellantswere convicted by Shri R. C.Aggarwal, Addl. Sessions Judge, Delhi under section 324 and 394 of the Indian Penal Code, (hereafter called "the,Code") read with Section 34 thereof., Gobind Ram and Ram Lal were sentenced to one and a half years rigorous imprisonment under section 324 read with section 34 of the Code. They were sentenced to three years rigorous imprisonment and a fine of Rs. 250.00 was imposed on each of them in respect of their convictions under section 394 read with section 34 of the Code. In addition to that for the latter conviction a .fine of Rs,250.00 was imposed in default where of Ram Lal and Gobind were to undergo further rigorous imprisonment for six months.

(2.) Babu Ram was senterice to two years rigorous imprisonment under section 324 Indian Penal Code and to four years rigorous 'imprisonment ' -under section 394 thereof. -Inrespect of his coaviction under-section 394 a fine Of Rs. 500.00 was also imposed. In case of his failure to pay the fine Babu Ram was to undergo rigorous imprisonment for a further period of one year.

(3.) The occurrence can be best appreciated in the light of the statement of Public Witness .9 who suffered the injuries at the hands of appellant Babu Ram. He stated that on the 18th of March, 1971 he was waiting for a friend near Odeon Cinema, Connaught Place, along with P. W, 10 Ram Parkash. He had closed his shop in Karol Bagh and reached Connaught Places to meet his friend. After sometime he went to a latrine to make water. Describing the incident, he stated :-