DHARAMBIR Vs. STATE

JUDGEMENT

(1.) The two appellants in this appeal are Dharambir and Mahabir. They were convicted by Shri S. C. Chaturvedi Additional Sessions Judge, Delhi on 6-11-75 under section 302 read with section 34 of the Indian Penal Code . and were sentenced to imprisonment for life.

(2.) This incident took place at Wazirabad Water Works on 18-10-74 at about 10.45 P.M. when Ram Lila celebration was about to come to a close on that night. Both Dharambir and Mahabir were witnessing the programme. So was Azad (deceased). These appellants and the deceased belonged to a nearby village called Jagatpur. Several other inhabitants of the same village were also present there to witness the function.

(3.) It is alleged that at about 10.45 P.M. Dharambir armed with a knife and Mahabir armed with a lathi, got up and went to the place where Azad was sitting. Without any remark or throwing any challenge Dharambir started stabbing Azad on his back with the knife. Mahabir then pulled Azad and made him lie on the ground with his belly downwards. It is further alleged that Dharambir gave more blows with his knife. In all 7 or 8 blows were stated to have been infficted by Dharambir.