LALA RAM Vs. STATE

JUDGEMENT

(1.) By this Judgment, we propose to dispose of two connected criminal appeals bearing No. 116/84 filed by Lala Ram and 0m Parkash, and criminal appeal No. 131/84, filed by Thakur Singh. These appeals arise out of the order of Shri T.S. Oberoi, Addl. Sessions Judge, Delhi., dated 1st May, 1984. by which they were held guilty of offences under Section 302 read with Section 34 of the Indian Penal Code, and sentenced to imprisonment for life, Accused Thakur Singh and Lala Ram were also sentenced to R. 1. for a period of 3 years for the offence punishable under Section 27 of the Arms Act. Both the sentences were ordered to run concurrently.

(2.) In order to appreciate th arguments raised by the appellants, it is necessary to keep in mind the prosecution version of the incident. Few days prior to the present occurrence, a quarrel had taken place between Padam Singh (deceased) and the accused persons. With the intervention of the father and brother of Padam Singh, the dispute was amicably settled. However, on 9th February, 1982, at about 4. 15 P.M. as the story goes, when Padam Singh was passing through Gali No. 4, Than Singh Nagar, and was near the back portion of house of S.Gurbax Singh. the three accused caught hold of him, saying that earlier he was saved by his father and brother, but today, they would not leave him. At that time, Babu Ram, the father of Padam Singh, was 15 to 16 paces behind his son. He was the accused 0m Parkash catching hold of Padam Singh from behind while the other two accused took out daggers and started inflicting injuries on the front and back of his son. Padam Singh, on receipt of several injuries fell down on the ground. On seeing this, Babu Ram raised alarm, on bearing of which Pearey Lal, who was standing nearby, with the help of another by stander, Sua Lal, chased Thakur Singh and caught bold of him at some distance. Babu Ram, succeeded in apprehending Lala Ram whereas Prabhu Dayal caught hold of 0m Parkash at the place of occurrence itself. After a few minutes, a police party headed by S.I. Dharam Pal reached there. All the three accused were produced before the Police.

(3.) Sub-Inspector Dharam Pal recorded the statement (Ex.PW-3/A) of Shri Babu Lal underneath which he made his endorsement (Ex PW-8/A) and sent the 'ruqa' to the Police Station for the registration of the case. PW-8, A.SI. Jaipal Singh, Duty Officer, on the receipt of the report recorded to Dharam Pal the formal F.I.R. Ex. PW8/B and sent the copy of the same for investigation. He also sent the special reports to higher authorities and the Ilaqa Magistrate for information.