R. N. Aggarwal, J.

( 1 ) KRISHAN Kumar alias Kuddi, Raj Kumar alias Puppi and Ramesh Kumar were tried in the court of Shri T. S. Oberoi, Addl. Sessions Judge on the charges under sections 302 and 324 read with section 34 of the Indian Penal Code. The learned trial Judge found all the accused guilty of the offences charged with and sentenced each one of them to imprisonment for life on the first charge. The sentences were ordered to run concurrently.

( 2 ) AGAINST their convictions and sentences the accused have come in appeal.

( 3 ) THE case for the prosecution is this. There is a dramatic club by the name "naresh Dramatic Club" in Harijan colony, Tilak Nagar. Public Witness 4 Jagdish Kumar was the director of the said club. The club used to play Ram Lila every year during the Dussehra. The appellants during the staging of Ram Lila in the year 1979 had created trouble.

( 4 ) ON 25th September 1980 at about 7. 30 p. m. Public Witness 4 Jagdish Kumar, Public Witness 6 Inder Jit, Public Witness 9 Surinder Kumar, Public Witness 14 Satish Kumar and the deceased Rajesh Kumar were going from house to house to collect funds for the celebrations of Ram Lila. As they reached near the house of the appellants. Raj Kumar and Krishan Kumar came there and they said that they would not allow Ram Lila to be staged by Jagdish Kumar and others nor would they allow them to collect funds for the same. There were exchange of abuses between Krishan Kumar, Raj Kumar and the deceased Rajesh Kumar. Ramesh Kumar appellant also came there in a three wheeler scooter. Ramesh caught Rajesh Kumar and felled him on the ground. Jagdish Kumar intervened to save Rajesh Kumar but Raj Kumar and Krishan Kumar took out chhuries and they assaulted Jagdish Kumar. Jagdish Kumar somehow managed to escape unhurt. Surinder Kumar also intervened to save Rajesh Kumar but he was hit by Krishan Kumar with the chhuri on his right arm. Thereafter, it is alleged, Raj Kumar gave knife blows to Rajesh Kumar and Salish Kumar. Rajesh Kumar received the knife blow on the left side of the chest. Satish Kumar got injuries on his right thigh and left arm. Inderjit also received injuries on the right thigh. Thereafter, it is alleged, that Krishan Kumar and Ramesh Kumar succeeded in escaping but Raj Kumar was overpowered by the prosecution witnesses at the spot, and in the process of being captured by the prosecution witnesses Raj Kumar is said to have sustained injuries on his head.

( 5 ) ONE Shri Giriraj Singh informed the police control room on telephone that a quarrel is going on at Gandhi Ashram, Harijan colony, Tilak Nagar, Ex. Public Witness 17/a is a copy of the report recorded at the police control room and the time given in the report is 8. 17 p. m. Sub-Inspector 0m Parkash was deputed to go to the spot of occurrence. Sub-Inspector 0m Parkash recorded the statement Ex. Public Witness 4/a of Jagdish Kumar and sent the same at 9. 40 p. m. to the police station for formal registration of the case. The formal report Ex. Public Witness 13/c was recorded at 9. 50 p. m. at police station Tilak Nagar. Rajesh Kumar was removed to the Willingdon hospital where he was declared dead.

( 6 ) DR. Bharat Singh performed autopsy on the dead body of Rajesh Kumar and he found the following injuries on the body of Rajesh Kumar:-

"1. One incised stab wound on the left side chest in mid axillary line 8" below the armpit size l"x 1/2" X ? The wound was placed obliquely and was spindle shaped. Margins were regular and clean cut. Blood was oozing out from the wounds. 2. Abrasion on the back of the left shoulder size 1" x 3/4" brown in colour. "on internal examination the doctor found that injury No. I had entered the left side chest cavity after cutting the lower bordei of 9th rib and part of 9th space muscle. After this the tract is continuous on the diaphragm. After cutting the diaphragm the wound was continuous on the greater curvature of stomach on the lateral side. Size of the cut on the stomach was

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