RATTAN LAL Vs. STATE

JUDGEMENT

(1.) Vide our order dated 25th September 1996 this appeal was allowed and the conviction and sentence of the appellant were set aside. The reasons in support of the said order follow hereinafter.

(2.) Deceased Guddu was a rickshaw puller. He used to sleep in a car parking area near the Old Lajpat Rai Market, Red Fort, Delhi. Other rickshaw pullers also used to sleep in the same car parking. Devaria Pathak @ Chhotu and Rattan @ Kalu were two said other rickshaw pullers. They belonged to the same native place as that of deceased Guddu. It is District Damoh in the State of Madhya Pradesh. Guddu was found dead in the morning of 4th May, 1990. The FIR was registered at 7.15 A.M. on 4th May, 1990 on the basis of a statement of one Ashwani, who owned a fleet of forty cycle rickshaws and who used to give cycle rickshaw on hire to the rickshaw pullers like Guddu, Devaria Pathak and Rattan etc. In his statement, i.e. Rukka Ex. Public Witness -4/A, Ashwani stated that Rattan @ Kalu, appellant herein, had brought Guddu to him saying that Guddu also belonged to his own native place. On the request of Rattan, Ashwani entrusted a rickshaw to Guddu also' for purpose of plying. Ashwani used to charge hire for his rickshaws from the rickshaw pullers. According to the statement of Ashwani, on 29th April, 1990 (which was Sunday) at 3 P.M. a quarrel ensued betwee n Guddu, Devaria Pathak and Rattan while they were gambling. Guddu gave beating to Devaria Pathak and thereafter Pathak threatened him to take revenge from him at some other time as he was not in a position to quarrel at that time. Ashwani intervened and pacified them. On the previous night, the said three rickshaw pullers had slept in the car parking. On the day of the statement, Ashwani s going to his garage at about 7.00 A.M, and saw that a man was lying there covered with a blanket. He removed the blanket from the body of the person and found that it was Guddu lying there besmeared with blood. He stated that he made a search for Deveria Pathak and Rattan but they could not be found. According to him, he apprehended that Guddu had been murdered by them.

(3.) The appellant Rattan Lal was charged with committing the murder of Guddu on the night intervening 3rd and 4th May, 1990 and was tried for the said offence punishable under section 302 IPC. The learned Addl. Sessions Judge vide impugned judgment dated 9th October, 1993 convicted the appellant for offence punishable under section 302 Indian Penal Code and sentenced him to R.I. for life and a fine of Rs.3,000.00 .