Decided on March 30,1983

Man Singh And Anr Appellant


- (1.)Man Singh son of Yad Ram, resident of house No 2117, Gali Ravidas, Teliwara and Trilok Chand, a resident of village and Post Office Rajpura, District Dehra Dun were tried in the court of Shri G.S. Dakha, Additional Sessions Judge, on the charge under Section 302 read with Section 34 of the Indian Penal Code. The learned Judge found both the accused guilty of the offence charged with and sentenced each one of them to imprisonment for life. Against their conviction and sentence they have come in appeal.
(2.)The deceased Asha Ghand and Public Witness . 1 Narender Singh resided in the same building at Sish Mahal. According to Public Witness . 1 on 7th October 1978 at about 7 or 7.30 p.m. Asha Chand came to his house and they had tea. Thereafter, both the deceased and Public Witness . 1 left for Mahabir Bazar to attend a Jagran. Public Witness .1 and the deceased after passing in front of the house of Man Singh accused (situated in Gali Ravi Dass) had reached the corner of Gali Ghosian when according to Public Witness . 1 both Man Singh and Trilok Ghand accused armed with daggers came from behind and they started assaulting Asha Chand with their respective weapons. Trilok Chand, it is stated, gave the first blow on the chest and thereafter both Trilok Chand and Man Singh gave a number of dagger blows to Asha Ghand. Public Witness .I advanced to rescue his companion but both the accused threatened him that in case he intervened he would be killed. On that Public Witness .1 retraced his steps but he collected a few bricks and stones and threw them at the accused. Both the accused after inflicting the injuries ran away.
(3.)Ram Kumar Public Witness . 2 brother of Asha Ghand on receiving the news of the assault on his brother reached the spot and he along with Public Witness .1 removed Asha Chand to Hindu Rao Hospital where he was declared dead.

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