KULBHUSHAN Vs. UNION TERRITORY

JUDGEMENT

(1.) BY this Judgment I shall be disposing of Criminal Appeal No. 256-SB of 1991 Kulbhushan v. U.T. Chandigarh and Criminal Appeal No. 277- SB of 1991 Raja Gandhi v. U.T. Chandigarh, as both are arising from one and the same impugned judgment dated 5.7.1991 of learned Additional Sessions Judge, Chandigarh whereby both the appellants have been convicted and sentenced as under :-

(2.) IN short the case of the prosecution is that Rajinder Parshad on 22.2.89 was brushing his teeth while standing in front of his house when both the appellants reached there and enquired from his about him brother Rajesh Kumar as he (Rajesh Kumar) was to pay Rs. 70/- for which repeated demands had already been made to him. It is then the case of Rajinder Parshad that, in fact, they were to take money from Raja Gandhi. At this Raja Gandhi slapped Rajinder Parshad and he made an attempt to save himself. Kulbhushan appellant put him in his embrace and Raja Gandhi took out a knife from the pocket of his pant and stabbed Rajinder Parshad in his abdomen. He made a raula which attracted his brother Rajesh and his wife Renu. They rescued Rajinder Parshad from the clutches of the appellants. Both the appellants then ran away from the spot. Rajinder Parshad was shifted to the hospital. Intimation regarding the arrival of injured was sent to the police. PW-7, SI Balwan Singh reached the hospital. After getting the medical opinion from the doctor, statement Ex. PE of Rajinder Parshad was recorded. A formal ruqa Ex.PE/1 was sent to the police station upon which present FIR was recorded. The other investigation was also done by the investigating officer. Raja Gandhi was arrested on 27.2.1989 and in pursuance of his disclosure statement Ex.PH, a knife Ex.P2 was recovered from him which was taken into possession vide separate recovery memo Ex.PH/2. Kulbhushan was also arrested in this case. After completion of the investigation, both the appellants were challaned to face trial.

(3.) I have heard Mr. D.S. Brar, learned counsel appearing for Kulbhushan, Mr. Atul Lakhanpal, learned counsel appearing for Raja Gandhi and Mr. Ajay Lamba learned Standing Counsel for U.T. Chandigarh.