MAHIPAL Vs. STATE

JUDGEMENT

(1.) Mahipal, the appellant herein, alongwith Surinder Kumar (since acquitted) was charged with the offence of murdering Harjeet Singh. The learned Sessions Judge who tried the case found the appellant guilty of the offence charged with and sentenced him to imprison- ment for life and to a fine of Rs. 500.00 and in default to undergo rigorous imprisonment for three months. The appellant was also charged with the offence under Section 27 of the Arms Act, found guilty and sentenced to rigorous imprisonment for six months. Both the sentences were ordered to run concurrently. Against his convictions and sentences he has come in appeal. Surinder Kumar was given benefit of doubt and acquitted.

(2.) The case for the prosecution as unfolded by the prosecution witness No. 23 Paras Ram is that on 5th May 1981 at about 7.30 p.m he alongwith his friends Gurdev Singh and the deceased Harjeet Singh went for a stroll to Nangia Park. After walking for about 10 minutes in the park, they reached near the fountain. Mahipal and Surinder Kumar were sitting on the cemented fence around the fountain. As the deceased was passing in front of Mahipal, it is alleged, Mahipal stretched his legs in the result the deceased stumbled but just saved himself from falling. The deceased asked Mahipal as to why he had to do that. Mahipal retorted that does he not know that he is a well known 'Dada' or 'Badmash' of Chandrawal and no one dared to speak before him. At that very time, it is alleged, Surinder caught Harjeet Singh from behind and Mahipal took out a knife from right side pocket of his pant and gave a blow on the left side of the chest of Harjeet Singh who on the receipt of the injury fell down. Mahipal and his companion tried to escape but Paras Ram with the help of Gurdev Singh caught Mahipal and snatched the knife from his hand.

(3.) Public Witness . 26 Sumer Singh, Sub-Inspector, was on patrol duty and while patrolling he reached the park and came to know of the occurrence from the people who had gathered at the spot. Public Witness . 26 took Mahipal into custody. The injured was rushed to the hospital where he was declared as having been brought dead.