MOHAN LAL Vs. STATE

JUDGEMENT

(1.) Mohan Lal, Satiah Kumar and Bhupinder Kumar, appellants, were tried for offences under sections 302, 454 and 506 read with section 34 of the Indian Penal Code. They were also charged with an offence under section 25 of the Arms Act. The Additional Sessions Judge who tried them found them guilty. He sentenced each of them to two years imprisonment under section 454, two years again under section 506 and life imprisonment under section 302. In addition to these sentences he also awarded to each of them one year imprisonment under section 25 read with section 27 of the Arms Act.

(2.) The prosecution case is this. On June 22, 1974, at about 11.30 a.m. information was received at the police station Rajinder Nagar that three persons had been caught at Akash Taxi Stand, New Rajinder Nagar. This information was given by Mulakh Raj, taxi driver (Public Witness 3). On receipt of this information the police swung into action. They came to the taxi stand. They recorded the statement of one Niranjan Singh, the owner of -the Taxi Stand. Then the police went to record the statement of Sobam Singh (Public Witness 2).

(3.) The investigation which started with the statement of Niranjan Singh revealed that three boys Mohan Lal (aged 19 years). Bhupinder Kumar (aged 20 years) and Satish Kumar (aged 19 yeate) broke into house No. 423, Double Storey, Rajinder Nagar, of Kewal Krishan Khurana. They removed the locks and bolts. Mohan Lal and Satish Kumar entered the house. Before they could ransack the house and decamp with the booty, Soban Singh the domestic servant of Kewal Krishan, arrived there. As he entered the room he saw that Satish Kumar was standing near the door with danda of the form of Gupti in his hand. At the inner gate Mohan Lal was standing with an open knife is his hand. When Sohan Singh tried to raise alarm these two boys Mohan Lal and Satish Kumar threatened to kill him. Soban Singh escaped to the roof of the house and shouted 'chor chor'. On this Mohan Lal and Satish Kumar tried to run away. They came out. Outside the house Bhupinder Kumar was standing near a scooter. The three appellants tried to start the scooter. But when they failed they ran towards the taxi stand. In the meanwhile a crowd had colleced on hearing the alarm and they gave a hot pursuit to the appellants. When the appellants reached the Akash Taxi Stand Niranjan Singh caught hold of Satish Kumar. One Subhash Chander seized Bhupinder. Ram Lal, a domestic servant of house No. 160, double storey quarters, took Mohan Lal into his clutches. Mohan Lal somehow freed himself from the tenacious grasp of Ram Lal. In the process of securing release he stabbed Ram Lal in the back. Ram Lal started bleeding. He was taken to the hospital where he sccumbed to his injuries between the night of 22nd June 1974 and 23rd June, 1974.