BIAS CHANDER Vs. STATE

JUDGEMENT

(1.) House No. E-111, Fateh Nagar was a subject of dispule between Banarsi Lal on the one side and Avinash Chander and Bias Chander who are his nephews (sister's son). The parties live in that very house. On 11th June, 1982 there was a quarrel between Banarsi Lal and his nephews in which quarrel it is stated that Banarsi Lal and his wife Raj Rani received some injuries. Banarsi Lal proceeded towards police station Tilak Nagar for lodging a report. He was accompanied by two of his neighbours, namely, Ramesh Chander and Man Mohan Singh. When he reached Sindhi Mandir, Ashok Nagar, which Mandir is situate near about the police station, he was assaulted by his said nephews. The time was 9.40 p.m. Bias Chander who is referred to in the proceedings of the trial court at various places as Vyas and Ved Vyas caught hold of Banarsi Lal. His brother Avinash Chander is said to have taken out a knife from his dub and inflicted stab wound on him (Banarsi Lal). The injured was taken to the hospital. He, however, expired on 13th June, 1982.

(2.) . Avinash Chander who had inflicted the stab wound was declared a proclaimed offender. Bias Chander was put up for trial for an offence punishable under Section 302 read with Section 34 of the Indian Penal Code. According to the first informer-Man Mohan Singh and Public Witness -15 Ramesh Chander the role played by Bias Chander was that he had caught hold of the deceased near the Sindhi Mandir when he (Banarsi Lal) was proceeding to the police station for lodging a report regarding the earlier quarrel which had occurred on that very day and in which he and his wife were given beating. It is not the case of the prosecution that Bias Chander had inflicted any injury himself.

(3.) . After trial the learned Additional Sessions Judge found the accused guilty and sentenced him to undergo life imprisonment. The charge framed on 15th December, 1982 reads as follows :-