KISHAN LAL Vs. STATE

JUDGEMENT

(1.) These two appeals are preferred by the original accused No.1 Kishan Lal, s/o Cheddi Lal and accused No.2 Ashok Kumar @ Kale in Session's case No. 53/85. Both the appellants stand convicted of the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and each of them is sentenced to suffer imprisonment for life and to pay fine of Rs.1,000.00 and in default to undergo S.I. for three months.

(2.) The case of the prosecution could be stated as .under: Deceased Amir Chand was having two shops in the market situated at C-27, Jahangir Puri. One of his shops was of hard wares and other was of paints. The present appellants were also working in the same market in the meat shop of one Shyam. .

(3.) On 30/10/1984 at about 7.30 P.M. deceased Amir Chand was talking with one Joginder Singh under an electric pole situated at 5-7 feet away from his shop. When they were so talking the present appellants camethere and questioned Amir Chand as to why the shop keepers were talking about them and on that questioning of him Amir Chand replied that they were not talking about them. Thereupon accused Ashok Kumar @ Kale gave abuses and he tried to grapple with . Amir Chand but at that time P.W.3 Sarwan Kumar, another shop keeper, P.W. 5, Ashwani, Radio Mechanic and P.W.8 Dalip Chand, a provisional Store Keeper came ahead and they rescued Amir Chand and separated him from the hands of the present appellants and then appellants went away. Thereafter Joginder Singh who was talking with deceased Amir Chand also went to his shop which was at some distance from the shops of Amir Chand and Amir Chand kept standing there near that electric pole smoking a cigarette. After about 4-5 minutes both the accused returned to the spot where Amir Chand-was standing and Ashok @ Kale questioned Amir Chand as where his watch was. Thereupon Amir Chand said what watch and he did not had his watch. Thereupon accused/appellant Kishan Lal caught hold of Amir Chand and accused Ashok Kumar @ Kale took out a knife and gave 3/4 blows on the stomach, chest and neck of Amir Chand very swiftly. Thereupon Amir Chand raised acry and then the attention of the adjoining shop keepers was drawn towards them. Then the accused left Amir Chand there and they took to their heels and started running away towards dispensary side. They were chased by P.W.3 Sarwan Kumar, P.W.5 Ashwani and P.W.8 Dalip Chand. Though they chased them for about 250-300 feet and had raised hue and cry to catch the appellants, they were not able to catch hold of both the accused. Thus the appellants managed to run away. When they were so chasing somebody gave information to the police about stabbing incident and therefore police rushed there.