TILAK RAJ AND SHANTI DEVI Vs. STATE

JUDGEMENT

(1.) Appeal Nos. 392 and 423 of 1976 have arisen from the two judgements of the Additional Sessions Judge dated 8th and 12th of November, 1976, whereby Tilak Raj, Smt. Shanti Devi and Haveli Ram appellants were convicted for the murder of Brij Moban and each one of them was sentenced to imprisonment for life. Tilak Raj was also convicted and sentenced under section 27 of the Indian Arms Act. Since both the appeals originate from the common judgements, they will, therefore, be disposed of by this one composite judgement.

(2.) Smt. Shanti Devi appellant is the mother of Tilak Raj appellant, while Haveli Ram appellant (since deceased) was his father. They all lived in House No. 790, Indra Colony, Tilak Nagar, Delhi.

(3.) The prosecution case is that on 13-4-75 at about 8.45 P.M. Haveli Ram and his wife Shanti Devi were sitting on a cot in front of their house in the street- Amar Singh Public Witness , while driving his three wheeler scooter, came there and wanted to pass by the side of that cot. He blew the horn requiring Haveli Ram and his wife to clear the way, but they did not pay any heed. At that time, Brij Mohan (deceased) was also sitting in the passengers seat of the scooter. When obstruction was not removed, Amar Singh stopped the engine of his scooter, got down and requested Haveli Ram to remove the cot from there. It is alleged that both Haveli Ram and his wife declined to do so and instead suggested that he should take his scooter from some other side. Meanwhile, Tilak Raj appellant and Balwant Singh, a neighbour, also came there. They started hurling abuses on Amar Singh. Brij Mohan watched all this while sitting in the scooter. He also came out and tried to pacify both the sides, but of no avail.