CHHOTEY Vs. STATE

JUDGEMENT

(1.) Three persons were found guilty of the murder of Narain Das; Sukhdev Raj alias Chhotey was sentenced to death and his companions Kundan Lal alias Ustad and Shorey were sentenced to imprisonment for life. The appeal preferred by the convicts came up for consideration before a Division Bench of this Court consisting of Falshaw, J. and Kapur, J. Both the learned Judges were unanimous in holding that the prosecution had failed to bring the charge home to Kundan Lal and Shorey and that, the latter were entitled to acquittal. They were unable, however, to agree as to the order that should be passed in regard to Chhotey. Falshaw, J. was of the opinion that Chhotey should be acquitted but Kapur, J. expressed the view that he should be convicted. In view of the difference of opinion which has arisen between these two learned Judges the matter has been referred to me under the provisions of section 378 of the Code of Criminal Procedure.

(2.) The allegation against the accused was that at about 8 a.m. on the 3rd December, 1955 they committed the murder of Narain Das by a knife and thereby committed an offence punishable under section 302/34 of the Penal Code.

(3.) At about 8.15 a.m. on the 3rd December, 1955 Narain Das deceased and Amar Nath P.W.1 entered the building of the Punjab Exchange which is situate in Katra Brayan, Fatehpuri, Delhi. While they were still going up the steps leading to the first floor they were followed up by the three accused namely Chhotey, Kundan Lal and Shorey. Chhotey demanded some money from the deceased but the latter asked him to earn for himself, whereupon Chhotey reiterated his demand and Kundan Lal and Shorey exhorted him to kill the deceased. Chhotey pulled out a clasp-knife from his pocket, opened it and plunged it into the back of the deceased. The deceased ran into the dispensary adjoining the landing but Chhotey pursued him and stabbed him repeatedly in the chest and other parts of the body. This occurrence was witnessed by a number of persons including Amar Nath, Bhola Nath, Kundan Lal, Kalyan Singh and Sat Pal. Kundan Lal P.W. stepped forward to rescue the deceased but Kundan and Shorey accused who were standing at the door of the dispensary barred his way and threatened to kill anyone who dared intervene. In the meantime Chhotey came out of the dispensary with his clothes stained with blood and flourishing his knife in his hand challenged anybody to stop him if he dared. He went down the steps taking the knife with him followed by Kundan Lal and Shorey accused P.W. Kundan Lal asked Amar Nath to look after the deceased while he and Bhola Nath rushed down the steps in pursuit of the assassin. Chhotey endeavoured to make good his escape and ran into the direction of Hauz Qazi but fortunately for the ends of justice P.W.7 Hem Raj, an Assistant Sub Inspector of the C.I.D. who happened to be passing near Fatehpuri on his cycle saw Chhotey with his bloodstained knife and clothes. He threw aside his cycle, ran after Chhotey and snatched the knife from his hand with the help of Nand Kishore P.W. Chhotey was apprehended and taken to Lahori Gate Police Post by Assistant Sub-Inspector Hem Raj and P.Ws. Kundan Lal, Sat Pal and Bhola Nath. Sub-Inspector Sardar Singh took into possession the bloodstained knife and clothes of Chhotey and recorded the statement of P.W. 6 Bhola Nath which, form; the basis of the first information report. This was at about 8.33 a.m. within a few minutes of the commission of the crime.