JUDGMENT

Dr. Anand, J.-This appeal under Section 16 of the Terrorist and Disruptive Activities (Prevention) Act, 1985 (hereinafter TADA ) is directed against the judgment and order of the Judge, Designated Court, Rohtak dated 18.4.1987/20.4.1987, vide which appellant No. 1 Paramjit was convicted for offences under Section 302 IPC and under Section 25/27 of the Arms Act, 1959 read with Section 6 of TADA. He has been sentenced to undergo imprisonment for life for the offence under Section 302 IPC and to 2 years RI on each of the two counts under Section 25/27 of the Arms Act and Section 6 of TADA. Appellant No. 2 Inderjit Singh was convicted for an offence under Section 302/34 IPC and sentenced to undergo imprisonment for life. Through this statutory appeal, they have called in question their conviction and sentence.

2. According to the prosecution case, appellant Paramjit passed some indecent remarks on some young girls near the village well when the deceased, a co-villager of the appellant, reprimanded him for this misconduct. On 25.12.1985, some time after the reprimand, the appellants declared that they would teach a lesson to Rambhaj, deceased for becoming a dada . On seeing Rambhaj washing his clothes near the radewala well, in the afternoon, the appellants rushed towards him. On reaching near Rambhaj, deceased, they announced that they had come to teach him a lesson. Rambhaj, got up and came down the perapet of the well. Inderjit took the deceased in his grip while Paramjit gave him one blow with a knife on the left side of the chest and another blow on the left side of the thigh. He also hit the deceased with the blunt side of the knife on the right side of the chest. Chander Bhan, PW5 and Sunder Lal saw the occurrence and ran to rescue the deceased. On seeing them coming towards the place of occurrence, the appellants left carrying the weapon of offence with them. Sunder Lal took Rambhaj to his house and from there to village Sampla. At Sampla they met ASI Rattan Singh, PW6 in the main bazar at about 3.45 p.m., Rambhaj, deceased made a statement, Ex. PO, to the said ASI about the assault on him. After recording the statement, the ASI sent the same to the police station for registration of the formal FIR Ex. PO/C and a case under Section 307/324/323/34 IPC was thereupon registered against the appellants. Rambhaj, deceased was sent to the hospital at Sampla and was medically examined by Dr. B.D. Kalra, PW1 at about 4.20 p.m. The following injuries were found on his person :

"1. Incised wound 1 cm. x 5 cm., in the left exillary region, with cut in the shirt. There was fresh bleeding from the wound. The margins of the wound were sharp. There was surgical emphysema in surrounding nipple to lower side in the four inches area medical to the left side.

2. Reddish bruise , 2 inches x 1/2 inch on the right side of the front of chest extending laterally.

3. Incised wound 1 cm x .5 cm with sharp everted margins, with corresponding cut in the underwear on the left side of lateral side of thigh. There was fresh blesding from the wound. Wound was four inches below and left to enterior superior illiae spine. Injuries No. 1 and 2 were kept under X-ray observation."

Dr. Kalra, PW1 found the condition of Rambhaj to be serious and referred him to Medical College at Rohtak where the injured reached at about 5.35 p.m. Dr. Ashok Arora, PW2 medically examined the injured at the hospital. The deceased, however, succumbed to his injuries at about 6.20 p.m. Information about the death of Rambhaj was sent to police post through ruqqa Ex. PC. The offence was altered and investigation taken in hand. The investigating officer, PW6 recorded the statement of the eyewitnesses and took into possession the clothes of the deceased from the hospital. An inquest was conducted by PW6 and the dead body of Rambhaj was sent for post-mortem examination, which was conducted by Dr. Juneja, PW3. According to PW3, death of Rambhaj was caused due to shock and haemorrhage