GORE LAL Vs. STATE

JUDGEMENT

(1.) VIDE impugned judgment and order dated 3.8.1996, accused Gore Lal had been convicted for having committed murder of Lakhan. He had been sentenced to undergo imprisonment for life and to pay a fine of Rs. 5000/ -; in default of payment of fine to undergo R.I. for six months. The other co -accused had been acquitted for lack of sufficient evidence against them.

(2.) THIS incident is dated 26.4.1991. The version of the prosecution has been unfolded in the statement Ex.PW -2/A of the complainant Halki Bai which had subsequently formed the basis of the FIR. As per her version, at about 7.30 PM her husband Lakhan was lying on a cot in the lane outside their jhuggi and in front of Shiv Mandir. She was present in the gali out side. Co -accused Kamta Prasad accosted her husband as to why he had spread his cot in the public lane. Her husband, Lakhan got annoyed and told him he would spread his cot wherever he wanted to, pursuant to which abuses were exchanged between the two. Thereafter co - accused Kallu, Mattu and present appellant Gore Lal also reached the spot and asked Lakhan to remove his cot from the public lane upon which Lakhan refused. Kamta Prasad exhorted his companions by shouting Mar Sale Ko.; co -accused Kallu and Mattu pinned down Lakhan and Gore Lal gave him repeated knife blows; thereafter all the aforesaid persons fled away.

(3.) ANOTHER eye -witness Baldev PW -3, the brother of the deceased, had also been examined by the Investigating Officer and he has corroborated the version as given by PW -2.