RAJINDRA KUMAR Vs. STATE

JUDGEMENT

(1.) THIS judgment will dispose of both the appeals (Criminal Appeals 11-D and 14-D of 1959 ).

(2.) THESE appeals are directed against the conviction of the appellants under S. 304, Part II, of the Indian Penal Code. Appellant Rajender Kumar was sentenced to six years' rigorous imprisonment and the other appellant Hari Shankar, to four years' rigorous imprisonment.

(3.) ACCORDING to the case of the presecution, the appellants and Din Dayal deceased lived in Bedwara, a part of Delhi city. Sometimes prior to the occurrence Om Parkash, a minor brother of Chhagan lal P. W. 7, was alleged to have been kidnapped by the appellants, the minor having taken with him a suim of Rs. 2,000/- from his brother's shopped. Din Dayal deceased appeared as a presecution witness in that case but was declared hostile. The trial Magistrate convicted the appellants for kidnapping Om Parkash and sentenced them to rigorous imprisonment for six months on 3-3-1958. They had filed an appeal and were on bail on the day of assurance and it may be mentioned that they were subsequently acquitted by the appellate Court in that case. according to the prosecution the relations of the appellants with the deceased Din Dayal became strained on account of Din Dayal appearing as a witness in the kidnapping case against the appellants. On 25-5-1958 Hari Shankar appellant reported to the police that Din Dayal had given a beating in order to extort money vide Exhibit P/j. It is alleged that on 30-5-1958 at about 9 or 9-30 p. m. both the appellants were sitting the Dharamshala in Bedwara when Din Dayal appeared there having come from his house. He was attacked by both of them. Hari Shankar held him by the arms while Rajender Kumar gave him three stab blows with a knife on the chest back and left thigh. On hearing his alarm his brother Bhup Singh P. W. 3 and two others neighbors, Ram Saroop P. W. 4 and Sarup Chand had come and had seen the occurrence. Rajinder Kumar managed to escape and was arrested later on 9-6-1958. Ram Saroop P. W. 6 and Sarup Chand who had been originally cited as a prosecution witness but appears to have been given up by the prosecution, were able to apprehend Hari Shankar on the spot, Din Dayal was carried in a rickshaw by Bhup Singh, his brother, to the Kotwali from where he was carried to the Irwin Hospital. He was given necessary treatment but it was noted for the first time on 12-6-158, that his injuries were dangerous and grievous. He ultimately died in the hospital on 21-7-1958. Both the appellants were committed to the Court of Session for their trial under S. 302 read with S. 34 of the Indian Penal Code, and were finally convicted as stated above, of an offence under S. 304, Part II Indian Penal Coe.