MANIK CHAND AND ANOTHER Vs. STATE

JUDGEMENT

(1.) These two appeals arise out of a common judgment of the learned Sessions Judge, Bareilly, and they are being disposed of together.

(2.) The three appellants have been convicted of an offence under Sec. 302 read with Sec. 34 I. P. G. by the learned Sessions Judge and each of them has been sentenced to life imprisonment. The prosecution case in brief is as follows: Appellants Ramesh and Madan Lal and Mahboob Ali deceased resided in Mohalla Bhoor of the city of Bareilly. Appellant Manik Chandra is a resident of a neighbouring Mohalla. The three appellants who are young men are friends and were known to the deceased. A few days before the occurrence the deceased had borrowed from appellant Ramesh one rupee for making payment to a hawker which he had refused to return on demand and this had resulted in an exchange of hot words between them. On the night of 3rd June, 1964, at about 9 p.m. the three appellants came on two cycles to the house of the deceased. It was a dark night but an electric street light at a distance of 20 paces from his house was on and an electric bulb was also emanating light from a neighbouring chabutra. The three appellants shouted at the door of the deceased asking him to come out of the house. Mahboob Ali, in response to the shouts, came out and stood in front of his door. Appellant Ramesh again demanded for the return of his loan. Mahboob Ali expressed his inability to pay the amount. Appellants Manik Chandra and Mohan Lal then cried out that the deceased considers him very big and he should be set right. Manik Chandra caught hold of him by the waist and Madan Lal caught the left hand of the deceased and when he was in this helpless position appellant Ramesh stabbed him on his chest with a knife. Mahboob Ali cried out that he had been stabbed by Ramesh and ran towards his uncle's house. The neighbour's being attracted by the cries of the victim came to his rescue but the appellants had run away. Mahboob Ali was immediately carried on a rickshaw by his brother Sharafat (P.W. 1) to the district hospital where he was medically examined by Dr. Jaswant Singh at 9.50 p. m. who found two stab wounds and one abrasion all of fresh duration on his person having been caused by some sharp pointed weapon.

(3.) Sharafat got a report of the occurrence scribed by Shamim in the hospital at 10-30 p,m. and handed it over at police station Kotwali at about 11-55 p.m. on the basis of which a case was registered and investigation followed.