TEEPU Vs. STATE

JUDGEMENT

(1.) THESE appeals have been filed by Teepu and Ghaffar against the order and judgment dated 2-3-1976 of the I Addl. Sessions Judge, Aligarh in sessions trial no. A-285 of 1975 convicting them under section 302/34 IPC and sentencing each of them to life: imprisonment for committing the murder of one Parshadi.

(2.) THE prosecution case, as revealed in the first information report and by the prosecution evidence briefly stated, is as follows. Parshadi deceased resided in Natwali Gali, Madar Gate, Aligarh along with his wife Smt. Daya Devi (PW 1). His sister Pushpa (PW 2) also resided there and she was carrying on the profession of a prostitute. That was redlight area add prostitutes resided in other houses. Generally daughters and sisters carried on this profession while wives did not indulge in that profession. Appellants Teepu and Ghaffar used to visit that area frequently. THEy were bullies and used to extract money from the prostitutes. Five or six days prior to the occurrence, both the appellants were quarrelling with Pushpa and trying to extract money which she was not prepared to pay. THEy then threatened her that they would not allow her to reside there in case she did not pay them money for drinks. Parshadi deceased intervened and asked them as to why they were demanding money. Teepu thc:n whipped out his knife threatening him. Parshadi at the same time threw brick-bat injuring Ghaffar. Both the accused persons then went away saying that they would see him some other day. On 9-5- 1975 at about 9. 30 P.M. both the appellants armed with knives along with two other associates went to that Gali. Parshadi went out of his house in order to bring milk from the market. All the four miscreants at once surrounded him as soon as he came out of his house. THE two strangers caught hold of him while Teepu and Ghaffar appellants struck several blows on his person with knives. Smt. Daya Devi (PW 1) and Pushpa (PW 2) were sitting in their courtyard. THE deceased and Smt. Daya Devi raised an alarm which attracted several persons of that locality including Smt. Karan Devi (PW 3) and Moolchand (PW 4). THE four miscreants then ran away after inflicting severe injuries on the person of Parshadi. THEy were seen in the light of electric bulbs which were there. One electric bulb was in front of the house of Smt. Tara Devi,. Her house was towards the north after one house of the house of Parshadi. Another electric bulb was at the end of the Gali outside the shop of Iqbal sugarcane juice seller. One electric bulb was said to be there at the end of the lane about which there was a controversy. THE injured was at once removed to the district hospital, Aligarh known as Malkhan Singh Hospital by Smt. Daya Devi and others. His injuries were examined by Dr. S. K. Saxena Medical Officer (PW 7) at 10 p. m. He found the following injuries on his person. (Injuries quoted -Editor).

(3.) S. I. Ramadhin Singh (PW 9) was entrusted with the investigation of the case. There was no person at the police station at the time when the first information report was lodged. On getting information, he went to the site and reached there at about 1 in the night. He found one bulb lighted outside the house of Tara Devi and another bulb outside the sugarcane juice shop. He took both the bulbs in his possession and found them in proper working order. He found blood at the place. He took blood-stained and ordinary earth in his possession. He inspected the site and prepared the site plan (Ext. Ka-ll). He interrogated Moolchand, Kiran Devi and Daya Devi.