SHANKAR Vs. STATE

JUDGEMENT

(1.) This is an appeal by Shankar son of Hira Lal and Parkash son of Mohan Lal residents of Nabi Karim, Delhi who have been convicted of an offence under section 302 I.P.C. read with section 34 Indian Penal Code . and sentenced to imprisonment for life. The accused are said to be friends and have been found guilty of murder of Mohd Yunis son of Shamsuddin resident of the same locality who it is said was also their friend at one time. The prosecution case against the accused is that the deceased had borrowed a sum of Rs. 100.00 from Shanker accused some three months before the occurrence. On October, 12,1968 the two accused approached the deceased's father at his shop and told him that the deceased had not re-paid the loan. Shamsuddin assured them that the deceased would make the payment and advised them to avoid mutual trouble on that score. The accused left the shop of Shamsuddin stating that they would have to deal with the accused in their own way.

(2.) At about 4.45 P.M. the same day, the accused met the deceased in front of a Qabristan abutting on a metalled road, known as Kacha Rasta Kadam Sharif, where there was exchange of hot words between the deceased on one side and the accused on the other. Shanker accused was heard threatening the deceased that he had withheld payment of the loan thinking himself to be a big bully. The remark provoked the deceased and he replied in an equally firm tone that he would not make the payment and that Shanker could do what he liked. Shanker then whipped out a dagger, which was subsequently described as a cobbler's knife, from the right pocket of his trousers and struck the deceased on his face with it. The deceased reeled back after he had sustained a minor injury on the left side of his face. Parkash accused then caught hold of the deceased from behind and called on his companion to kill him. While the deceased was thus held by Parkash in his grip, Shanker stabbed him in the chest. The deceased fell on the ground at the entrance of the Qabristan near the Modern-Motor Training School and died almost instantaneously.

(3.) PWs Saeed Ahmed, Boota Ram and Som Nath claimed to have witnessed the occurrence. Public Witness Nanne Khan who was coming from the opposite direction claimed to have seen the accused making good their escape into the bye-lane of the Qabristan. He saw Shanker carrying in his hand what he described as a sort of dagger. PWs Saeed Ahmed, Boota Ram, Som Nath and Nanne Khan kept staying on the spot until the arrival of the police.