LALLAN AHMED Vs. STATE

JUDGEMENT

(1.) Vide the impugned judgment of conviction dated July 14, 2000 Lallan Ahmed stands convicted for offence punishable under Sec. 302 IPC for the murder of Jaivir and attempting to cause murder of Lala Ram and Mahavir under Sec. 307 IPC and for causing injuries on the person of Satpal under Sec. 323/34 IPC. Besides Lallan, Usman Khan, Shamshad and Mohd.Matin were held guilty for offences punishable under Sec. 326/34 IPC for causing injuries on the person of Jaivir, Mahavir and Lala Ram and under Sec. 323/34 IPC for causing injuries on the person of Satpal. The present appeal relates to Lallan Ahmed only.

(2.) A brief exposition of facts are that on December 16, 1993 about 10.15 PM a wireless message was received at PS Dabri informing that a person has been given knife blow near shop No. 6, Solanki Property Dealer at Sitapuri ("Chaku maar diya"). On this report noted as DD No. 26A, SI Gurmeet Singh accompanied by Constables went to the shop No. 6 Sitapuri where he found blood at two places and a blood stained knife. At the spot he got to know that the injured had been removed to Deen Dayal Upadhayay hospital. On reaching the hospital he found three injured Mahavir, Lala Ram and Jaivir. The three were declared unfit to make statement, thus SI Gurmeet Singh recorded statement of Raja Ram an eye -witness of the incident.

(3.) Raja Ram stated that he was residing at Pankha Road with his family since 1984 and running a dairy. On that date i.e. December 16, 1993 he was coming back with his maternal uncle Mahender, Mahavir and Lala Ram from Matiyala village at around 9.30 PM when they reached near the shop of Solanki Property Dealer. At the Pan Kiosk his maternal uncle Mahavir asked for 4 cigarettes from the shopkeeper, when a person named Lallan whom he knew, while abusing his uncle stated that he should first give the money, on which his maternal uncle stated why was he abusing. On this exchange of words took place. Lallan asked his friend Usman to go to the factory and get more person. On this Usman brought from the factory of Lallan more people when Lallan took out a knife and injured his maternal uncle Jaivir, Mahavir and Lala Ram while Usman, Shamshad and Mohd.Matin injured them with their lathies. His maternal uncle Satpal also received injuries. On seeing the scuffle one Ashok Chhabra and other people staying in the mohalla came, when Lallan threw the knife and ran away along with his associates.