LAXMAN S O PRATAP SINGH Vs. STATE

JUDGEMENT

(1.) By this common judgment and order, we are disposing of the two criminal appeals, namely, Crl.A.No.348/1997 filed by Laxman and Crl.A.No.354/1997 filed by Shyam. Both the aforesaid persons were chargesheeted for committing an offence under Sections 302/307/34 IPC.

(2.) The case of the prosecution in brief is that on 10th January, 1992 around 7.00 P.M one Chander Bhan was lying in a drunken condition near the railway line beneath Pul Bangash, Subzi Mandi. Jagdish, PW3, a neighbourer of Chander Bhan was passing by the said place at that relevant time and he saw both the appellants/accused Shyam and Laxman searching the person of Chander Bhan. On seeing the same, Jagdish protested against the conduct of the accused and took Chander Bhan along with him to his house. It is alleged that the two accused persons, however, removed the Identity Card of Chander Bhan from his pocket. It is alleged that when Jagdish took Chander Bhan to his house, Sat Pal and Brahm Pal, sons of Chander Bhan, were present at the house and Jagdish told them that the identity card of their father had been taken by the two accused persons at the railway line. Thereafter, Brahm Pal and Jagdish went to the market and purchased some liquor bottles and while they were coming back they saw Sat Pal talking to the accused persons. On Brahm Pal asking Sat Pal as to why he was talking to them, accused Shyam took Sat Pal in his grip and exhorted his companion to stab him. Laxman stabbed Sat Pal in the left portion of his chest. When Brahm Pal intervened, accused Shyam exhorted his companion to stab him also and thereupon Laxman stabbed Brahm Pal on the chest and abdomen. Jagdish raised alarm and when people from the locality rushed to the spot, accused Laxman ran away whereas accused Shyam was apprehended at the spot. Jeetan Ram and Vinkesh took the injured brother to the Hindu Rao Hospital. Accused Shyam, who was apprehended at the spot, was handed over to the police.

(3.) The police after registering a case started investigation and during the course of the same, the police arrested Laxman. On the basis of the disclosure statement made by Laxman the police recovered certain articles, namely, the weapon of offence , the identity card of Chander Bhan and his blood stained shawl from the roof of Young Man Club. The said articles were sealed and were taken in possession. After completion of the investigation the police submitted a chargesheet under Section 302/304/34 IPC. Charges were framed as against both the appellants to which they pleaded not guilty and claimed to be tried.