(1.) Ashok Kumar, aged 17 years, was tried in the court of Shri S. C. Chaturvedi, Addititonal Sessions Judge, on the charge of murdering Rajinder Kumar aged about 23 years, with a knife. Along with Ashok his younger brother Vijay Kumar was also challanged for the above said offence but since he was below" the age of 16 years on the date of the offence, he was sent for trial under the Children Act, 1960. The Additional Sessions Judge found Ashok Kumar guilty of the offence charged with and sentenced him to imprisonment for life. Against his conviction and sentence he has preferrd this appeal.
(2.) . Hukam Chand (Public Witness 1). father of Rajinder Kumar, lived with his family in House No. 273, Kucha Ghasi Ram, Chandni Chowk. Delhi. The said house was owned by the uncle of the accused. On 1st June. 1971, Jai Bhagwan, father of the accused, had lodged a report that Rajinder had kidnapped his daughter Saroj Kumari. Saroj was recovered from the possession of Rajinder at Ahmedabad. Rajinder was challaned for offences under sections 366 and 376 of the Penal Code and that case was still pending when the present occurrence took place. In July 1971. Hukam Chand had shifted to House No. 55-C5 Mor Sarai which is at a distance of about 3/4th of a mile from Kucha Ghasi Ram. The above is said to be the motive for this crime.
(3.) . The prosecution version of the occurrence is that on 22nd May, 1973 at about 7 P.M. Hukam Chand was returning to his house from Chandni Chowk. When he reached near the Gate Mor Sarai he saw his son Rajinder Kumar surrounded by Ashok Kumar and Vijay Kumar. Ashok was holding Rajinder from his hands and Vijay was standing behind Rajinder. Public Witness 1 heard the accused saying that they would take revenge for his having abducted their sister and that the court may or may not punish him. Thereafter Ashok relcased Rajinder and took out a knife from his 'dab'. Vijay also look out a knife. Ashok gave a knife blow on the face of Rajinder and Vijay gave a blow which was received by Rajinder, while trying to ward off the blow, on his right hand. Rajinder ran towards Mor Sarai quarters. The two accused ran after Rajinder and overtook him and gave two knife blows on the back of his waist and one blow on the back of his left thigh. On receipt of the blows, Rajinder fell on the patri. Both the accused while brandishing their knives passed by Hukam Chand in the direction from where they had come. Besides Hukam Chand, the occurrence was alleged to have been witnessed by Mohar Singh (Public Witness 2), Rajinder Kumar Jain (Public Witness 3) and Puran Singh (Public Witness 4).