BHAGWAN DASS Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 8/10/1982 of an Additional Sessions Judge, Delhi by which he convicted the appellant of an offence punishable under Section 302, I.P.C., and vide order of sentence of the even date, he sentenced him to undergo rigorous imprisonment for life.

(2.) The case of the prosecution, in brief, is that deceased Sukh Lal was familiar with the appellant and Kanhaiya Lal and Gian Chand and on day of occurrence i.e. 26/10/1981 at about 10.45 P.M. at Ganga Mandir Marg, Near Gali No. 63, Regarpura. New Delhi they were found gambling. Ram Chander and Madan Lal, the two brothers' of Sukh Lal had come in search of Sukh Lal as he had not returned home and it was getting late night and they found them gambling at that place. They wanted Sukh Lal to get up and leave the said place on which Bhagwan Dass, Gian Chand and Kanhaiya Lal also stood up and they exchanged hot words with Sukh Lal and they proceeded towards the lane. When they had reached the place of occurrence, Bhagwan Dass, Gian Chand and Kanhaiya Lal started pressurising Sukh Lal to continue to gamble with them but Sukh Lal declined to further gamble at that time.

(3.) It is the case of the prosecution that at that time Gian Chand and Kanhaiya Lal caught hold of Sukh Lal from his both sides and exhorted Bhagwan Dass to stab him with knife uttering the words "Bhagwan Dass Ko Kaha Ki Mar Sale Ko". On such exhortation, Bhagwan Dass had taken out the knife and gave a forceful blow on the right thigh of Sukh Lal from the back side. At that time, one Kishore Kumar had also reached the spot and three assailants are stated to have fled away from that place.