RAMESH Vs. STATE,

JUDGEMENT

(1.) RAMESH alias Tuyan has been convicted by Shri Joginder Nath, Additional Sessions Judge. Delhi under Section 302 of the Indian Penal Code and has been sentenced to imprisonment for life. The convict has come up in appeal to this court.

(2.) THE prosecution case is that on 22.7.1973 at about 9 P. M. Krishan Kumar, Phool Chand, Chander Bhan, Shri Ram, Sher Singh alias Sheri, Madan Lal and Bal Kishan had collected outside Krishan Kumar's house and were discussing about the installation of an idol of Durga Mata in Basti Sat Narain Mandir, Nabi Karim, when Ramesh alias Tuyan, Chattar Singh, Sher Singh son of Khiali and Sada Nand came there with open knives in their hands. It is alleged that immediately on arrival, Tuyan pointedly remarked. "Chiri maro bahar nikle, tum logon ne mujhko police se najaiz pakerway hai" (O' you 'chiri maro', come out, you are the persons who had got me falsely arrested by the police). At that time Chattar Singh also proclaimed that they had come to take revenge. Phool Chand (since deceased) asked the appellant and his companions to retreat and not to raise any trouble over the installation of the idol, but Chattar Singh exhorted his companions to attack and finish their adversaries. Thereupon, Ramesh alias Tuyan gave three knife blows to Phool Chand on his back, Chattar Singh also gave him two knife blows, one pierced his abdomen and the other struck his left thigh. When Bal Kishan and Madan Lal tried to intervene, Sada Nand attacked the former and gave him a knife blow on the back side of his right shoulder; whereas Sher Singh gave a knife blow to Madan Lal on the left side of his chest. Krishan Kumar went to his house and brought a "stick from there. In the meanwhile the assailants climbed the roof of Chattar Singh's house and started pelting bricks and soda water bottles from there.

(3.) AFTER receiving the injuries both Phool Chand and Madan Lal ran towards their houses. They fell in the way but soon thereafter they were removed to the Irwin Hospital. Bal Kishan injured, however, went to his house. Police was informed about the incident on the telephone. S. -I. Chanan Parkash along with the S. H. O. and other police officials rushed to the spot. On learning that Bal Kishan injured was in his house, Chanan Parkash went there and took him to Irwin Hospital, where he was also admitted.