PREM CHAND Vs. STATE

JUDGEMENT

(1.) Prem Chand s/o Sher Singh, Mahinder s/o Maha Singh, Kamal Singh s/o Daulat Ram, Raj Kumar alias Raju s/o Hari Singh and one Mohd. Kamil were challenged by the police after registering a F. I. R. No. 275/88 on 13th March, 1990 for the offence punishable under Section 302 read with Section 34 and Section 120-B of the Indian Penal Code. On the evidence led before him the learned Additional Sessions Judge found appellants Prem Chand, Mahinder in Cr. Appeal No. 71/90, appellant Kamal Singh in Cr. Appeal No. 91/90 and appellant Raj Kumar alias Raju in Cr. Appeal No. 125/90 guilty of the offence punishable under Section 302 read with Section 34 and has sentenced each of them to suffer imprisonment for life whereas he acquitted accused Mohd. Kamil of the offences with which he was charged. As these three appeals are arising out of one and the same Session's case No. 26/89, they are being disposed of by this common judgement.

(2.) The case of the prosecution is that on the 18th September, 1988, there was a party on account of marriage of one Rajesh and in the said party first informant Vinod Kumar s/o Hari Chand, deceased Bodh Raj, deceased Vinod and appellants Kamal Singh, Mahinder and Prem were also present. In the said marriage party a quarrel had taken place between appellant Kamal Singh and deceased Bodh Raj alias Bodha and in the said quarrel deceased Bodh Raj alias Bodha spat on the face of appellant Kamal Singh and at that time Kamal had gone away by threatening to take revenge of his insult.

(3.) The incident in question is alleged to have taken place on the next day i. e. on the 19th September, 1988. On that day first informant Vinod Kumar, deceased Vinod Kumar s/o Ganga Dass, deceased Bodh Raj alias Bodha were sitting in front of Community Hall of Kabir Basti and were enjoying a cup of tea. At that time appellants (1) Prem Chand (2) Mahinder (3) Kamal Singh and (4) Raj Kumar alias Raju came there together. It is the case of the prosecution that all these four appellants are close friends. After going there appellant No. 2 Mahinder in Cr. Appeal No. 71/90 threatened Bodh Raj by saying that he would do away with him on that day and he would not be left alive because he had spitten on the face of his friend Kamal in the party on Sunday and therefore he wanted to take revenge. At that time Mahinder had a knife in his hand. On seeing the same and hearing the said threat first informant Vinod Kumar s/o Hari Chand, deceased Bodh Raj alias Bodha and deceased Vinod Kumar s/o Ganga Dass took to their heels in order to save their lives. At that time they were chased by the present appellants and appellant Prem had given threats that if anybody happened to come ahead he would not be spared. At some distance in the said gally appellant Raj Kumar alias Raju (in Cr. Appeal No. 125/90) overpowered Bodh Raj and caught hold of him. Thereupon Bodh Raj raised alarm saying save me 'save me'. On hearing the said cries P.W. 7 Santosh Kumar and P.W. 8 Naresh Kumar were attracted there. After Raju had overpowered Bodh Raj, appellants Mahinder and Prem who were armed with knife and dagger went there and gave blows of their weapons. In the meantime, appellant Kamal had overpowered deceased Vinod. After Bodh Raj had fallen down on receiving the blows, both appellants Mahinder and Prem went to Vinod. They gave the blows of their weapon on Vinod. Appellant Kamal also had a razor in his hand. He also gave blows from his weapon on Vinod and thereafter all the four appellants ran away.