ASHOK Vs. STATE

JUDGEMENT

(1.) Sat Pal appellant in criminal appeal No. 27 of 1986 Ashok and Prem Singh appellants in criminal appeal No. 42/1986 have been convicted under section 302/34, section 323/34, Indian Penal Code, and sentenced to imprisonment for life under section 302/34 Indian Penal Code and to the payment of fine of Rs. 500.00 each, in default of which they are to undergo further rigorous imprisonment for six months. They have also been sentenced to undergo rigorous imprisonment for six months under section 323/34 IPC. Sat Pal appellant was also convicted u/s 27 of the Indian Arms Act and sentenced to undergo rigorous imprisonment for one year. All the sentences have been made concurrent. The appellants have made a grievance against these orders of conviction and sentence dated 30.1.1986 and 31.1.1986 respectively.

(2.) The facts are that on 16.10.1982 at about 8.30 P.M. the appellants came to the shop of one Dhruv, a panwalla. This shop was situated in front of the house No. 6-166, Mohalla Maharam belonging to the deceased Jai Prakash. At that time the deceased was sitting outside his house. On their arrival near the aforesaid shop, the appellants started abusing each other. When the deceased Jai Prakash objected and asked them to behave, the appellants are alleged to have beaten him. After beating the deceased, the appellants left the place but the deceased followed them. Having seen the deceased following the appellants, his two nephews Lalit Kumar (P.W.2) and Shri Kailash Chand (P.W.3) also followed. It is also alleged that P.W.7 Diopadi, wife of the deceased also followed l^e deceased. When the appellants reached Oali No. 6, opposite house No. 6/42, Mohalla Moharam they attacked the deceased with knives and also dragged him. It is also alleged that when Dropadi (P.W.7) intervened she was pushed by the appellants as a result of which she fell down. The appellants are said to have escaped from the scene of incident thereafter.

(3.) The deceased Jai Prakash was removed to hospital by Lalit Kumar (P.W.2) and Kailash Chand (P.W.3). In the hospital itself Lalit Kumar (P.W.2) is said to have made a statement marked Ex. Public Witness 2/A before the police giving full details about the sequence of events and also the particulars of the persons responsible for the commission of this crime. It was this statement which was made the basis for the registration of the F.I.R. We may notice that the statement of Lalit Kumar was despatched from the hospital at 11.15 p.m. by Hoshiar Singh S.I. and the F.I.R. was registered at 11.55 p.m. on the same date. It was delivered to the concerned Magistrate at 5.45 a.m. on 17.10.1982.