ANIL KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) Through this common judgment, two appeals one filed by Satish Kumar, who has been convicted of offence, under Section 302 IPC and another by Anil alias Neelu, who has been convicted of offence under Section 307, IPC, are being disposed of, because the appellants, in both the appeals, have been convicted and sentenced for the aforesaid offences at one trial by the same judgment.

(2.) Facts relevant for the disposal of the appeals may be noticed. The two appellants along with one Ashwani, were sent up for trial for offences, punishable under Sections 302 and 307 read with 34 IPC, for allegedly committing the murder of one Gunny Mohammad and making murderous assault on one Rashid Mohammad. Prosecution version was as follows. PW1 Suresh Kumar was employed as driver with M/s Jagan Nath. & Sons of Ghumarwin. On 21.10.2001, around 8 p.m. when he was returning to his house in village Takehra, after finishing his job for the day, Ashwani Kumar accused (who has been acquitted) met him. Suresh Kumar asked him why he had been accosting people at odd hours. Upon that Ashwani Kumar proceeded towards his own house. Soon thereafter, he reappeared with 4-5 other boys including appellants Satish and Neelu from behind and overpowered Suresh Kumar and gave beating to him. On the next following day, i.e. 22.10.2001, around 5 p.m. when Suresh Kumar was present at the premises of his employer at Ghumarwin, accused Ashwani Kumar and appellants Satish Kumar and Neelu went to him and offered apology for the incident of the previous evening. The differences were resolved with the intervention of some persons, including one Relu Ram and one Chet Ram. Thereafter accused Ashwani Kumar and Suresh Kumar left. Around 8.30 p.m. when Suresh Kumar was present outside the business premises of his employer at Ghumar- win, accused Ashwani and both the appellants reappeared. Ashwani Kumar twisted his arm and threw him on the ground. Suresh Kumar raised alarm, upon which deceased Gunny Mohammad, who was employed as part-time Munshi with M/s Jagan Nath and sons and one Rashid Mohammad, who was present in the store of M/s Jagan Nath & sons, came to his rescue. Deceased Gunny Mohammad caught hold of Ashwani Kumar and tried to pull him towards himself in an effort to get Suresh Kumar released from his grip. Ashwani Kumar accused exhorted appellant Satish Kumar to take out knife and stab Gunny Mohammad. Satish Kumar then took out a knife from his pocket and dealt two blows, one on the side of chest and another on the axillary region of Gunny Mohammad, as a result of which he fell on the ground with bleeding wounds and soon thereafter lost consciousness. When Rashid Mohammad tried to rescue Gunny Mohammad, appellant Satish Kumar tried to hit with the knife, but he escaped by ducking. Still the tip of the knife caused a linear injury on his back. In the meanwhile, appellant Anil Kumar alias Neelu picked up an iron bar lying close by and dealt a blow thereof on the abdomen of Rashid Mohammad, which caused a serious wound. Rashid Mohammad on sustaining the aforesaid injury rushed towards the hospital at Ghumarwin. On hearing hue and cry of Gunny Mohammad and Rashid Mohammad, Jagan Nath, proprietor of M/s Jagan Nath and sons and one Ajay Ma- hajan, who was present with him in the store came out. They saw the incident and also the appellants and their accomplice Ashwani Kumar running away -from the scene of occurrence. One Rajinder Kumar also reached the spot. Suresh Kumar, Rajinder Kumar and the employer of Suresh Kumar chased the appellants and their accomplice Ashwani Kumar with a view to overpowering them, but they managed to escape.

(3.) Gunny Mohammad, who was still alive was rushed to the hospital at Ghumarwin. Rashid Mohammad had already reached the hospital on his own. The doctor at Civil Hospital, Ghumarwin, after giving the first aid referred both Gunny Mohammad and Rashid Mohammad to Zonal Hospital, Bi- laspur, where Gunny Mohammad succumbed to his injuries after a short while, while Rashid Mohammad was operated upon on the next following day with a view to saving his life.