BHOLA NATH Vs. STATE,

JUDGEMENT

(1.) THE judgement in this appeal in, which Bhola Nath is the appellant, will also dispose of Criminal Appeal No. 102 of 1974, in which Gopi Kishan is the appellant. Both the appellants have been convicted under Section 302, I.P.C. read with Section 34, I.P.C. each of them has been sentenced to imprisonment for life by the learned Additional Sessions Judge (Shri M.K. Chawla) by his judgement dated 19.3.1974.

(2.) THE case of the prosecution is that, on the morning of 13.5.1973 there was a quarrel at the public water tap between Bhola Nath (aged 20 years) and Mohd. Sayeed deceased (aged 25 years). Some persons including Abdul Hamid (P.W. 4) separated them. But Bhola Nath threatened to kill Mohd. Sayeed before he went away.

(3.) AT about 5 p.m. that very evening when he was going to his house Abdul Hamid (P.W. 4) saw Gopi Kishan (appellant in Cr. A. 102/74) and Raj Kumar (accused who has been acquitted) catching hold of the deceased. Raj Kumar had a chain in his hand and Gopi Kishan was abusing the deceased Bhola Nath, who was having an open knife in his hand stabbed the deceased and all the three accused ran away. The occurrence is said to have been witnessed by Mohd. Hamid (P.W. 4), Moin Uddin (P.W. 5) and Jamal Mohd. (P.W. 6). The deceased had fallen down in the Patli Galli at Chowk Bara Dari (where he was stabbed). The deceased placed a handkerchief on his wound and went towards Jagdish's dairy but fell down. Not only blood stains but also the said handkerchief were removed from the scene of occurrence.