HANS RAJ Vs. STATE

JUDGEMENT

(1.) This order will dispose of three criminal Appeals (Nos. 79, 88 and 97 of 1968) which have arisen out of the same incident.

(2.) Kalyan Singh, Public Witness 8, had come on the spot. He had recorded the statement. Exhibit P/A of Om Parkash and had sent it to the Police Station, Subzimandi for registration of the case. On the basis of Exhibit P/A, the formal F.I.R., Exhibit Public Witness 5/A was prepared and after investigation, Nand Kishore and Hans Raj were prosecuted under sections 307/34, Indian Penal Code . Nand Kishore was also prosecuted under section 25 of the Arms Act for unlawful possession of the dagger. Exhibit P/1.

(3.) The cases were tried by the learned Assistant Sessions Judge. Nand Kishore and Hans Raj denied the allegations levelled against them. The plea of Nand Kishore was that Om Parkash had got a grudge against him inasmuch as he had made a report to the police that Nand Kishore was dealing in illicit liquor and arms and had got recovered two pistols and 600 bottles of illicit liquor from the house of Om Parkash. So far as the incident of 31st October, 1966 was concerned, the version of Nand Kishore was that on that day, he was going to Lahori Gate to purchase timber and that Om Parkash had met him at the bus-stand, Om Parkash had hired a scooter. Nand Kishore had also travelled with him in the scooter, Om Parkash had made Nand Kishore drink liquor. The two had reached Tis Hazari Courts. On getting down from the scooter, Nand Kishore had found that a sum of Rs. 75.00/12.00 was missing from the pocket of his shirt. Nand Kishore wanted to search Om Parkash for the amount but Om Parkash had refused to submit to search. The dagger, Exhibit P/l was with Om Parkash at that time.