GIAN CHAND Vs. STATE

JUDGEMENT

(1.) To begin with, four persons, namely, Gian Chand appellant, one Jai Chand, Rakesh Kumar and Nairn Ahmed were prosecuted under sections 302/34 and 120-B Indian Penal Code and sections 27/54/59 of Indian Arms Act for conspiring and committing death of one Radhey Sham alias Lala on the night of 6th September 1980 at about 9.45 P.M. near Meera Pai Mandir in the area of Govindpuri, Delhi. The deceased Radhey a has Lala as also another Radhey Sham Public Witness 10 were carrying on embroidery business. Deceased Radhey belonged to Chandni Chowk, Delhi. These two persons were known to each other intimately. Sant Lal Public Witness 15 was a property broker in Govindpuri area and was also known to the deceased and Public Witness 10 Radhey Sham. The four accused persons who were put on trial were allegedly working in an embroidery factory. Three of them, namely, Gian Chand, his brother Jai Chand and Naim Ahmed were employees of Kishan Chand Public Witness 2.

(2.) On 6th September 190, Radbey deceased had gone to Govindpuri for repair of his embroidery machine. There he came across Public Witness 10 Radhey Sham. After he got his machine repaired and despatched the same to his place of business, the deceased Radbey and Public Witness 10 Radbey Sham decided to have drinks together. It was already evening time and they went to a nearby hotel known as Raju's hotel of which Public Witness Raj Kumar was the proprietor. Once they settled down, to drinks, one Devi, perhaps a friend, also joined them. In the mean time, Sant Lal Public Witness 15 also appeared in the hotel and on their invitation he also joined them. Thus, the four persons settled down to drinks and were having some eatables.

(3.) After about an hour the four accused persons and one Hari entered the hotel and settled down to the next table for having drinks. Kishan Lal, the proprietor of the embrodiery factory, who had employed Gian Chand etc. also came and had some drink with them but there after he went away. After the drinks with the deceased and his companions, Devi also went away. Gian Chand and Naim also went away. Jai Chand, in feet, was having his meals on a table outside the hotel while Rakesh and Hari were having their meals inside the hotel. Sant Lal Public Witness is also supposed to have moved out of the hotel. At this time the deceased Radhey told his friend Radhey Sham that 'Mistries' are unreliable people. Rakesh accused over-heard and objected to it but the deceased Radhey became angry and not only abused Rakesh but also slapped him. Public Witness I Raj Kumar, proprietor of the hotel, asked the accused Radhey and the other Radhey to get out of the hotel which they did. Thereafter Rakesh and Hari continued to have their meals and after finishing it they came out. There was again exchange of abuses between the deceased Radhey and other Radhey on one side and Rakesh accused on the other. There also both Radhey abused and slapped Rakesh. Rakesh and his companion Hari went away. Soon thereafter both the Radheys and Sant Lal also left the hotel and moved towards Kalkaji Mandir in order to go to the bus stand of bus route No. 425 so as to enable the deceased Radhey to go to Chandni Chowk.