RAM NATH Vs. STATE

JUDGEMENT

(1.) This criminal appeal and revision arise from the judgment of the learned Additional Sessions Judge, Delhi, dated 11.4.1977. In order to appreciate the entire case, basic facts which are necessary to dispose of this appeal are recapitulated as under:

(2.) On 15.12.1974 at about 9:30 p.m., the appellants in furtherance of the common intention had cought hold of Shakti Bharat and Ved Prakash near the School building in Subhash Nagar area and had caused them injuries with a sharp edged weapon and thereby committed offence punishable under Section 307 read with Section 34 of the Indian Penal Code.

(3.) Shakti Bharat (Public Witness -7) had stated that a theft had taken place at the shop of his brother Chander Prakash seven or eight days before the alleged incident. The matter was reported to the police and the police was informed that the appellants and their brother Roshan Lal and a few others were suspected to have committed the theft. The police searched the house of Roshan lal. It is also alleged that Madan Lal, accused came to Shakti Bharat and extended a threat because at his instance, the house of his brother Roshan Lal had been searched. Madan Lal also threatened that he would teach a lesson to him. This is the motive according to prosecution which had led to this occurrence.