AMI CHAND Vs. STATE

JUDGEMENT

(1.) . This appeal has been brought against judgment dated March 21, 1990 and order dated 24th August 1990 by which the appellant, Ami Chand, has been convicted of offences punishable under Section 302 Indian Penal Code . and 324 Indian Penal Code . and has been sentenced to undergo life imprisonment and pay a fine of Rs.1,000.00 and in default to undergo rigorous imprisonment for six months under the first count and to undergo rigorous imprisonment for one year under the second count with the direction that substantive sentences shall run concurrently.

(2.) . The case is initiated on the statement of complainant Harbhajan Singh, PW-4, who was also allegedly injured in the same occurrence. On his statement made to the police, the F.I.R. was registered and in the said statement, it was disclosed that he was residing in House No.109, Hari Nagar Ashram and his friend, since now deceased, Brahm Dutt @ Brahmi aged about 16/17 years, resident of House No.161, Hari Nagar, New Delhi was having a barber shop in Hari Nagar Ashram whereas Harbhajan Singh was employed as a carpenter in Ishwar Industries at the relevant time. Both have been childhood friends and in his spare time, Harbhajan Singh had been often sitting at the shop of his friend Brahm Dutt.

(3.) . He also disclosed that Ami Chand, appellant, has also been coming to the shop of Brahm Dutt often and he also used to visit and sit at the Dhaba (hotel) of Om Prakash @ Omi located nearby where he used to also sleep. He disclosed that on the 2nd September 1973, at about evening time, he, as usual, after being free from his work had come to the shop of Brahm Dutt and at that time Ami Chand was also standing outside the said shop and he made a query from Ami Chand as to what sort of business he was carrying on these days and he also asked him whether he was standing there to have his kill on which Ami Chand lost his temper and became ready to fight with him. He further mentioned that he then came out of the shop and tried to pacify Ami Chand on which he gave abuses and started beating him and Brahm Dutt separated them and Ami Chand gave the threat that he would see to them and went away.