SHIV GIRI Vs. STATE

JUDGEMENT

(1.) The appellant Shiv Giri along with his brother Baba Kasturi Lal were charged under S.302, IPC. Kasturi Lal was also charged under S.27 of the Arms Act. Both were convicted under S.302, IPC. Shiv Giri was convicted for the aforesaid offence with the aid of S.114, IPC. Kasturi Lal was also convicted under S.27 of the Arms Act. The order is dt. 25-8-1982. By a sentence order of the even date both were sentenced to life imprisonment under S.302 IPC while Kasturi Lal was also sentenced to rigorous imprisonment for three years under S.27 of the Arms Act. Both the sentences in his case were directed to run concurrently.

(2.) The incident is of 4-1-1981 at 11.30 A.M. Deceased is one Baba Bishamber Dass who has died on spot. The convict Baba Kasturi Lal was apprehended on spot along with the sword, the weapon of offence stained with blood. The blood stained chadder which convict Kasturi Lal was putting on was also taken possession of soon after his arrest. On receiving information from P.C.R. police station Kashmeri Gate sent A.S. I. Shri Rattan Singh to the scene of incident.

(3.) The facts are that one Baba Phawarewala stated to have died 5 years earlier to the date of incident was having six Derras, four at Amritsar and two including one Goushala Derra at Delhi. Another Derra situated at Delhi was known as Baba Phawarewala Jamuna Bazar. Baba Phawarewala had not appointed anyone to be the Mahant at his Derra. The deceased had worked at this Derra as a sewadar for a period of 10 to 12 years and the convict Baba Kasturi Lal had also joined as sewadar. Apprehending that the deceased might by virtue of his long stay as sewadar assume the charge as a Mahant, convict Kasturi Lal had managed to send the deceased to Amritsar. The appellant Shiv Giri, who was running a Halwai' shop at Islamabad Amritsar was also called to Delhi at this Derra by Kasturi Lal with a view to execute his scheme to control this Derra as a Mahant. This happened about 2 months prior to the date of incident. The scheme thought of by convict Baba Kasturi Lal was to take over the sole control of this Derra at Delhi. Baba Kasturi Lal as such did not like the visits of the deceased and one Inder Singh to this Derra as in their presence as old sewadars his scheme in his view may not have materialized.