TIRTHI LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this order, we propose to decide Crl. Appeal No. 63-DB of 1996 that has been filed by Tirthi Lal and Bharti Lal challenging order of conviction and sentence recorded by the Addl. Sessions Judge, Gurdaspur, dated January 19, 1996, vide which, whereas, Tirthi Lal has been held guilty under S. 302, IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 2000/- or in default of payment of fine, to further undergo R.I. for two years, his brother Bharti Lal has been held guilty u/S. 326 read with S. 34, IPC and sentenced to undergo R.I. for three years as also to pay a fine of Rs. 1000/- or in default of payment of fine, to further undergo R.I. for six months as also Crl. Appeal No. 163-DBA of 1997 that has been filed by the State of Punjab against Bharti Lal who has since been acquitted by the learned Sessions Judge under S. 302, IPC as also Crl. Revision No. 227 of 1996 filed by Jugwant Krishan, son of the deceased Ram Ditta, for holding Bharti Lal also guilty under S. 302 read with S. 34, IPC and to enhance the sentence and fine imposed upon Tirthi Lal and Bharti Lal.

(2.) Ram Ditta, father of Jugwant Krishan died on June 23, 1992. The case of the prosecution is that he was intentionally killed by the appellants Tirthi Lal and Bharti Lal at about 11-30 a.m. on June 23, 1992 in front of the shop owner by the deceased and which was on rent with the appellants. Ram Ditta received a knife blow in his stomach and on account of the injuries sustained by him, he was rushed to the hospital where he lodged FIR at 6-30/7-30 p.m on June 23, 1992 which came to be recorded by Joginder Singh SI. He stated that he was residing in Mohalla Nangal Kotli, Gurdaspur. About 13/14 years ago, he had come on pension from the Defence Account Department and had constructed his house in Mohalla Nangal Kotli, Gurdaspur. He had constructed four shops in front of his house and had given the same on rent. Out of the said shops, one shop was given on rent to Tirthi Lal son of Durga Dass, appellant herein, for the last about two years. At the time of renting out the shop, it was agreed with Tirthi Lal that he (deceased) would remove the projection in front of the shop and fittings inside the shop. On the eventful day at about 11-30 a.m., he along with his son Jaswant Krishan and his grand son Vir Vikram was removing the projection and in the meantime Tirthi Lal and his brother Bharti came there. Just on their arrival, Bharti caught hold of him by arms and Tirthi Lal inflicted a dagger blow to him which hit him on the left side of this abdomen just above the hip. He raised an alarm killed-killed'. His son Jugwant Krishan and his grand son Vir Vikram witnessed the whole occurrence. On his raising an alarm, Tirthi Lal and Bharti fled away from the place of occurrence together with dagger. Madan Lal son of Babu Ram got him admitted in the civil Hospital, Gurdaspur for treatment. As Ram Ditta died, his statement recorded before the police became a dying declaration.

(3.) The special report with regard to the incident reached the Ilaqa Magistrate, Gurdaspur on June 24, 1992 at 6-30 p.m.