RAKESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment shall dispose of CRA No. D -807 -DB of 2002, filed by accused/appellants Rakesh Kumar @ Babal and Ashok Kumar @ Dhammi, sons of Om Parkash against the judgment and order dated 25.9.2002 and 1.10.2002, passed by the learned Additional Sessions Judge (Adhoc), Patiala, vide which both the accused were convicted under Section 302 read with Section 34 IPC and sentenced to undergo imprisonment for life each and to pay fine of Rs. 2,000/ - each, in default of payment of fine, to further undergo rigorous imprisonment for two months each.

(2.) THE prosecution story, as coming out from the statement of Raj Kumar son of deceased Sohan Lal @ Dukhi (Ex. PW8/A), is that Raj Kumar is resident of Gandhi Nagar, Lahori Gate, Patiala. He alongwith his father Sohan Lal was running a tea and food shop in the name and style of Vijay Vaishnu Dhaba near Bus Stand, Patiala. On 23.5.1999, at about 3:00 AM, Raj Kumar and his father Sohan Lal opened their Dhaba as usual. Sohan Lal started dusting the shop, whereas Raj Kumar started settling the counter. In the meanwhile, Jiwan Dass son of Darshan Kumar, resident of Gandhi Nagar, Patiala, who was passing by the shop, was offered tea by Raj Kumar. It was about 3:15 AM, both of them were talking to each other. In the meanwhile, accused Rakesh Kumar @ Babal and Ashok Kumar @ Dhammi, sons of Om Parkash, resident of Gandhi Nagar, Patiala, who were holding knives in their hands, came at their Dhaba. Immediately, on entering the shop, accused Rakesh Kumar @ Babal gave a knife blow in the abdomen of Sohan Lal, which hit the right side of belly button of Sohan Lal. Sohan Lal, in order to defend himself, took turn to a side, on which Ashok Kumar @ Dhammi gave a knife blow on the backside of left shoulder of Sohan Lal. Accused Ashok Kumar @ Babal gave another knife blow on the bicep of left arm of Sohan Lal. Sohan Lal raised alarm 'Mar Ditta, Mar Ditta'. On this, Raj Kumar and Jiwan Dass came forward to save Sohan Lal. Accused Rakesh Kumar @ Babal tried to give a knife blow on the person of Sohan Lal, but the knife hit the table lying in the shop. Raj Kumar and Sohan Lal raised alarm, on which two employees (police officials) came running from Traffic Light Chowk near bus stand, Patiala. On seeing them, both the accused Rakesh Kumar and Ashok Kumar alongwith their weapons fled away from the spot, saying that they had been defamed in the Mohalla (locality), for which Sohan Lal has been taught a lesson. According to Raj Kumar, the motive for the crime is that both the accused, who are real brothers, are habitual of picking up quarrel in the Mohalla (locality). They are ill reputed in the Mohalla. His father Sohan Lal, being a respectable of the locality, used to restrain the accused from indulging in such evil acts. Both the accused took it as their insult and attacked Sohan Lal with the knives. As a result of the knife blows, Sohan Lal was seriously injured. Raj Kumar made arrangement for a vehicle and took him to Rajindra Hospital, Patiala, where during the treatment, Sohan Lal died.

(3.) DURING the course of investigation, on 27.5.1999, accused Rakesh Kumar @ Babal and Ashok Kumar @ Dhammi were arrested. One Bajaj Chetak scooter was recovered from them and the same was taken into possession through recovery memo Ex. PW9/G.