- (1.) This judgment shall dispose of the aforestated two appeals, bearing No.523-DB of 2006 filed by Sher Bahadur alias Sheru and Ram Lal,appellants/accused and 580-DB of 2006 filed by Sunil Rai alias Paua appellant/accused against the judgment of conviction dated 12.6.2006 and orders of sentence dated 13.6.2006 and 15.6.2006, rendered by the Sessions Judge, Chandigarh, vide which all the three accused were convicted for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and were sentenced to undergo imprisonment for life each,and to pay a fine of Rs.5000/-each. In default of payment of fine, they were directed to undergo further Rigorous imprisonment for one year each.
(2.) The facts, in brief, are that on 29.3.2001 at about 8.30 p.m., Arun Kumar (PW14), Shailender Kumar Pandey ( PW9) and one Jaspreet Singh alias Chikna were present near General Post Office, Sector 17, Chandigarh. Accused Sher Bahadur alias Sheru, was also present there. Accused Sunil Rai alias Paua and accused Ram Lal also came there. Except Shailender Kumar Pandey, the remaining five entered into an altercation with each other. Accused Sunil Rai alias Paua was proclaiming that accused Sher Bahadur had broken the lock of the dickey of his rickshaw and stolen his money and clothes. He was also proclaiming that he would not spare Sher Bahadur accused. Accused Sher Bahadur told accused Sunil Rai alias Paua that he had not stolen his money and clothes and that he same might have been stolen by Dile Ram, since deceased. Accused Sher Bahadur also told Sunil Rai that he would get his money and clothes returned from Dile Ram. In the meantime, Dile Ram also came there from the side of Jagat Cinema. In the presence of the prosecution witnesses, accused Sunil Rai caught hold Dile Ram of his neck and told him to return his money and clothes,otherwise, he would kill him. Sunil Rai and Dile Ram grappled with each other. Dile Ram, somehow got separated himself, and ran away towards Neelam Cinema, whereas, Arun Kumar and Jaspreet Singh alias Chikna,prosecution witnesses went away towards Jagat Cinema. The three accused followed Dile Ram towards Neelam Cinema by threatening him that they would not spare him.
(3.) On 30.3.2001, at about 8.30 am, SI Ramesh Chand Sharma, Incharge Police Post Neelam Cinema, Sector 17,Chandigarh accompanied by Constable Rajesh Kumar (PW16), saw a crowd gathered near local bus stand, on the rear side of Neelam Cinema.He went there with Constable Rajesh Kumar. On reaching there, he found a person lying in an injured condition who was later on identified as Dile Ram. There were injuries, on his head and face. He called the gypsy of control room, to the spot, and sent the aforesaid person, who was still in an injured condition, to the Post Graduate Institute of Medical Education and Research,Chandigarh. Memo Ex.PF was scribed by him. He sent the same to the Police Station through Constable Rajesh Kumar for the registration of an F.I.R. on the basis whereof, formal FIR Ex.PG was recorded by SI Birbal Singh (PW7). By that time SI Balbir Singh also came to the spot and took over the investigation of the case from Ramesh Chand Sharma,SI.;