LAKHSHMI CHAND Vs. STATE

JUDGEMENT

(1.) LAKSHMI Chand appellant, who is 23 years of age, has appealed from his conviction under Section 302 of the Indian Penal Code for having caused the murder of Lt. Col. M. L. Sehgal, who died in the morning of 8th of September 1963 as a result of fatal injuries inflicted on him at Engineer Park, Jullundur, at 11 a. m. on 7th of September 1903. The sentence of death awarded by the learned Sessions Judge is also before us for confirmation.

(2.) THE appellant, a Chowkidar of the Engineer Park, Jullundur, went to see Lt. Col. M. L. Sehgal, Commander Works Engineer, on 23rd of August 1963 at 10 a. m. without obtaining prior permission of his immediate officer, and during the course of the interview is stated to have used insubordinate language. In pursuance of the complaint made by Lt. Col. Sehgal the appellant was charge-sheeted, for having committed these defaults, in a letter sent to him on 24th of August 1963 by Shri G. S. Panesar, Garrison Engineer. The appellant in this letter, Exhibit P. Q. , was asked to show cause why his increment for one year should not be stopped with cumulative effect by way of penalty. A reply to this letter was sent by the appellant on 26th of August 1993. Shrj Panesar considering that the defence given in the representation was not convincing, passed a format order of punishment stopping the appellant's increment for one year with cumulative effect. This order, Exhibit P. S. , was passed on 4th of September 1963.

(3.) ON 7th of September 1963 a Darbar was held by Lt. Col. Sehgal as Commander Works Engineer (the abbreviated expression of which is C. W. E.) in Engineer Park, Jullundur Cantt. , and all workers, who had any "points/complaints about which they wished to speak in the Darbar", had been notified earlier to submit their points in writing to the Garrison Engineer before 28th of August 1963. The Darbar, which started at 8. 30 a. m. on 7th of September 1963, had 13 items on the agenda marked Exhibit P. Y. In the last item at column 13 of this agenda it is mentioned that Shri Lakshmi Chand Chowkidar temporary (a) wants to say something about the charge-sheet given to him for his approach to C. W. E. , direct, and (b) considerable time is taken in granting permission for interview with the officers. Shri G. S. Panosar, Garrison Engineer, Shri Dhani Ram and Shri Durga Das Bhanot, Sub Divisional Officers, were present in the Darbar besides many workers. The appellant raised his two points in the Darbar, but obviously he was dissatisfied with the answers which he had received. The appellant then got up and addressed Lt. Col. Sehgal by saying that people who "work honestly were charge-sheeted and others who did not work honestly were promoted. " The appellant was snubbed for the insulting language which he used and was asked by the C. W. E. to keep quiet otherwise he would be suspended. The appellant apparently (in ?) sarcasm said "thank you" and sat down. Being the last item on the agenda the Darbar concluded with the points which had been raised, by the appellant at 10-30 A. M. (4) Lt. Col. Sehgal then went to the room of Shri G. S. Panesar, Garrison Engineer, which is about 400 feet from the place where the Darbar was held. Both Shri Dhani Ram and Shri Durga Das Bhanot were called in the office room. Lt. Col. Sehgal occupied the chair opposite to Shri Panesar and had his back towards the western door which was open with the curtain tuekedup. Without announcing himself the appellant suddenly turned up from this door and without much ado struck the picket, Exhibit P. 1, which is a piece of angle-iron used for pegging teats, on the head of Lt. Col. Sehgal which was uncovered. The blow was struck with great force as the picket was held by the appellant with both hands, All the three persons present in the room rushed towards Lt. Col. Sehgal but not before another blow had been inflicted which fell partly on his head and partly on his right hand. The appellant then exclaimed "i do not mind if I am hanged now". The picket was removed from the hands of the accused and other persons including Shri Ram Lal Sat Pal (P. W. 8) and Shri B. K. Banga (P. W. 9) came inside the room. Lt. Col. Sehgal became unconscious and was laid down on the floor which was covered with coir matting.