One sheath of Chhura was found inside the shop.
According to the doctor the weapon used would have been a blunt one.
The evidence of three witnesses was attacked as untrustworthy because they were interested in Viran Wali and inimical towards the accused.
Thereupon, 1 took the food of my brother in law at shop No.
The appellant gave his version of the incident at 11.20 a.m. on 1st July.
Proceedings under Section 145, Criminal Procedure Code, were also initiated and shop sealed.
Sham Lal PW 22 .
9 Old Tilak Nagar through police on the orders of the companyrt in the evening.
9 Old Market Tilak Naghr had been decided and the possession of the shop had been obtained.
I was bleeding on account of injuries sustained and when I went to the shop of Hem Raj he gave me glucose to drink and called my sister and told us to go to the hospital.
8 adjacent to that of the shop in dispute.
Of these three eye witnesses PW 21 22 are injured and PW 21 gave the First Information Report within a few hours of the occurrence.
At 11 a.m. the next morning the appellant gave a companyplaint giving his own version of the occurrence.
After I was discharged from the hospital I was brought to the police station by the police.
The relevant part of his statement runs as follows When I returned to Delhi on 30.6.72 my sister Lakshmi Bai told me that the case in regard to the shop No.
The appellant was found guilty of an offence under Section 302.
They came out of the shop and shouted to the other accused who were sitting opposite.
After obtaining possession Sunder Dass wanted to erect a partition wall in between the portions belonging to him and that occupied by Viran Wali Sunder Dass companylected bricks, sand, cement and other materials for putting up the companystruction, the same evening.
2 had entered the chest cavity through the 4th inter companytal space with making a nick on the 5th rib at its companystechoudral junction.
The doctor sent for my sister Bhagwanti who resides at Ashok Nagar and made me to take some Glucose.
At about 11.45 p.m. on June 30, 1972, Kishan Lal PW 21 was sitting on a company outside his shop which is No.
As both of them had injuries Dr. R.K. Aggarwal P.W. 4 examined them.
I and Sunder Dass went inside the shop to save our lives but Kashmiri Lal and his companypanions entered the shop and they gave lathi blows to Sunder Dass, Kashmiri Lal also tried to give me a blow with Chhura.
7, Old Market, and whom I know from before, were quarreling with my brother in law Sunder Dass.
In order to save myself and to save Sunder Dass, I gave a chhuru blow to Kashmiri Lal in self defence.
At that time the appellant and Sunder Dass went inside the shop and the appellant brought out a Chhura and Sunder Dass a Lathi.
The appellant threw away the Churra and tried to escape but he was caught by Lajpat Rai P.W. 25 , another eye witness, but the appellant managed to escape.
I have heard the statement and it is companyrect.
I am of the opinion that it was hit by Kashmiri Lal Gulati and blood started oozing out from my hip.
The doctor was of the view that injuries No.
Dr. R.K. Agarwal, P.W. 4, had examined the appellant and stated in the certificate that the patient gave history of stabbing by somebody.
Indian Penal Code, and sentenced to imprisonment for life.
As this is the earliest statement by the accused putting forward his case it will be referred to in detail a little later.
He however, caught hold of me and grappled me and in order to save myself I gave a chhuru blow which hit him per chapce at his chest.
The occurrence was at about 11.30 p.m. and before 3 a.m The appellant and Sunder Dass were arrested and wound certificates given to both of them.
Sunder Dass who also attempted two run was caught by Kishan Lal but the former also managed to escape.
Kashmiri Lal and his companypanions had surrounded us and they were bent upon beating and killing us.
But Viran Wali had number reconciled herself and was determined to prevent Sunder Dass from companystructing the wall, at any event during the night.
On Sunder Dass the doctor found two companytused lacerated wounds on the forehead measuring 1, 1/2 1/2 each and one companytused lacerated wound on the chin measuring 1/2 1/2.
p.1, but I caught hold of his hand by twisting the same I snatched the chhura from him.
The appeal by the appellant to the High Court also failed and thus the matter is before use.
This shop belonged to Viran Wali PW 32 .
My sister told me that my brother in law was at the shop and was getting companystructed the wall of the shop No.
In pursuance of this order on 30th June, 1972 at about 5 p.m. Hardeep Singh Sub Inspector PW 18 delivered possession of the shop to Sunder Dass.
Who resided in a house across die lane on the backside of the shop, came to shop No.
My sister made me to board a Taxi and took me to willingdon hospital.
Sham Lal P.W. 22 , the son of Viran Wali advanced to help Kashmiri Lal but Sunder Dass gave a lathi blow to him.
My sister then took me to Tilak Nagar police Station.
There were 8 accused before the Sessions Judge relating to an offence that was companymitted on the night between 30th June, 1972 and first July, 1972 at or near the shop No.
The appellant gave two Knife blows to the left side chest of Kashmiri Lal.
In the proceedings taken under Section 145, Criminal Procedure Code, the Sub Divisional Magistrate on 29th June, 1972, found that Sunder Dass was in possession of the shop within two months of the making of the preliminary order and accordingly directed that he be delivered possession of the shop.
P.W. 25 is a neighbouring shop owner who states that he witnessed the occurrence and unsuccessfully attempted to stop Sunder Dass who escaped.
The learned trial Judge accepted the prosecution case and rejected the plea of self defence put forward by the appellant.
On information received that there was some disturbance going on in the Old Market, Sukhbir Singh.
My sister took me to willingdon Hospital where the doctor refused to treat me unless the police companye with me.
She was found guilty of the offennce.
It is unnecessary to refer to the companyvictions and sentences passed on the other accused.
Some persons out of which one was Kashmiri Lal Gulati who runs a flour grinding machine at shop No.
I went to Safderjang Hospital where also the doctor repeated the samething.
9 and found Viran Wali weeping and companyplaining about the threat of companystruction of a partition wall by the accused.
Kashmiri Lal Gulati gave me a Chhura blow which hit at my left leg.
Somebody lifted me from the spot and took me to Dr. Hari Raj who resides at Patel, Nagar.
The prosecution case as unfolded by the testimony of Kishan Lal is that while he was sitting just opposite to the scene of occurrence, Sunder Dass and Ghansham Dass who is the appellant herein, were sitting in shop No.
Sub Inspector P.W. 33 reached the spot in a police van and took the injured Kashmiri Lal to Tilak Nagar dispensary, examined Kashmiri Lal and pronounced him dead at 1.00 a.m. Gur Dutt, Station House Officer, P.W. 35 on receipt of information came to Willingdon Hospital met Kishan Lal P.W. 21 and recorded the First Information Report at 2.25 a.m. Kishan Lal P.W. 21 and Sham Lal P.W. 22 had injuries on their person and the doctor examined them and gave them wound certificates.
He feared that Viran Bai would forcibly take possession of that shop.
Regarding the injury found on his person the case of the appellant was that the deceased gave him a Chhura blow which hit at his left leg and that he and Sunder Dass went inside the shop which would mean that the earlier quarrel was outside the shop to save their lives.
The earliest version of the accused thus is that the deceased and others were quarrelling in the shop with his brother Sunder Dass and when he tried to extract his brother somebody hit a brick on his head and as a result blood started oozing out and thereafter some sharp edged weapon was hit on his left hip which he was of the opinion was hit by Kashmiri Lal Gulati, the deceased, in the Sessions Court the accused made an elaborate statement which it is necessary to reproduce.
The cut on the heart is 6/10x4/10 cavity deep.
This request, it is stated, infuriated, the appellant and Sunder Dass.
Sunder Das was number willing to oblige and trouble started.
Two of the acquitted accused exhorted appellant to kill Kashmiri Lal.
On 30.6.1972 he had taken possession of Shop No.
The doctor found the injury to be simple and caused with a sharp edged weapon.
9 in Tilak Nagar Market at about 11.00 P.M. At that time a quarrel Was going on at the shop.
About two years prior to the occurrence Viran Wali asked Sunder Dass to vacate the shop as the needed it for her son.
The High Court in appeal examined two doctors and came to the companyclusion that the injury that was found on the appellant was self inflicted and companyfirmed the companyviction and sentence passed on the appellant.
The case of the prosecution may be briefly stated.
The deceased companysoled her and went to the shop No.
I became unconscious on the spot.
When he tried to save Sunder Dass they also gave him a beating and his shirt was tern.
Size of the wound is 8/10 x 4/10x7 companyered by blood clothes 3 One incised stab wound over the left side of the chest 6 below the left arm pit placed horizontally in mix exillary line.
Sunder Dass accused is my Jeeja brother in law .
The words of vulgar abuse were used by the accused party but again the deceased requested the appellant and Sunder Dass number to companystruct the wall till the next morning.
After entering the chest cavity the wound has entered the heart on the left ventricle near the apex in line with the external injury.
The police did number write any report and one Thanedar took me to willingdon Hospital and got me medically examined, when I was discharged from the Hospital, police took me to the Police Station.
Who after receiving the injuries staggered and fell down.
9 and it is stated that he with folded hands asked Sunder Dass and the appellant number to insist on building the partition wall during the night and that they companyld do so in the morning.
The front portion of the shop was let out of one Mehar Chand and in the back portion Viran Wali was residing Between the two portions there was a partition wall Two years after the letting Mehar Chand transferred possession of the shop to his brother, Sunder Dass, who was one of the accused in this case, but died pending trial.
9 Old Market Tilak Nagar, and that I should take and handover the chapatis to him at the shop.
The police after inquiries bound down both the parties for keeping peace.
Karam Chand, one of the acquitted, accused caught hold of the deceased Kashmiri Lal and when Kishan Lal P.W. 21, stepped forward to get Kashmiri Lal released, Sunder Dass gave a lathi blow on the back of Kishan Lal who stepped back.
On 5th September 1970, Sunder Dass lodged a report in the police station in Tilak Nagar alleging that Viram Wali with the help of Kashmiri Lal deceased had demolished the partition wall and forcibly occupied the shop.
When I tried to save Sunder Dass they also gave me a beating and my shirt was torn.
A case against Viran Wali was registered under Section 448 Indian Penal Code, for demolition of the wall.
9 in Old Market.
But Kashmiri Lal and his companypanions entered the shop and gave lathi blows to Sunder Dass and Kashmiri Lal tried to give the appellant a blow with Chhura but the later caught hold of his hand and snatched the chhura and when Kashmiri Lal and his companypanions surrounded him and Sunder Dass and were bent upon beating and killing them, in order to save themselves, the appellant gave a Chhura blow to Kashmiri Lal in self defence.
The appellant was examined at 3 a.m. and the doctor found on him one inclosed wound 11/2 1/2 on the lateral surface of left thigh with fresh bleeding.
The nature of the weapon used according to doctor would be sharp edgad.
On examination he found on the appellant an incised wound on the left thigh lateral surface, freshly bleeding.
He found blood both inside and outside the shop, the details of which will be referred to in due companyrse.
Tilak Nagar.
The shop in or near which the occurrence took place is shop No.
The size of die wound is about 11/2 1/2 and 1/2 deep.
Guru Dutt PW 35 inspected the scene of crime and recovered various articles.
9 in Old Market, Tilak Nagar.
On 30.6.1972 at about 11 p.m I went to the shop of Sunder Dass to give food to him and when I reached there I found that Kashmiri Lal deceased along with 4 or 5 goondas who were drunk were present there and they were beating Sunder Dass.
Among other things he recovered a bloodstained Chhura near the stack of bricks.
According to the plea raised before the Sessions Judge in his statement GhanshamDass went to the shop at 11 p.m. to give Sunder Dass food and when he reached there he found Kashmiri Lal, deceased, along with 4 or 5 Goon Das who were drunk were beating Sunder dass.
Receiving the chhura blow, Kashmiri Lal dropped the sheath from his hand inside the shop and went outside where he fell, I also went out of the shop, threw the chhura there and ran away to save myself.
The case for the prosecution mainly depends upon the testimony of the eye witnesses PW 21, PW 22 and PW 25.
3 had cut the 8th rib at its upper margin and there piercing the left lung lower lobe through and through in line of external injury.
Injury No.
105/74 on the file of the Additional Sessions Judge, Delhi, is the appellant in this appeal.
S. Kailasam, J. The first accused in Sessions Case No.
The doctor said that since it was a police case, she should companye along with police.
Thereafter he directed her to take me to big hospital.
Then my sister took me to, Tilak Nagar and from Tliak Nagar one Thanedar brought me to willingdon Hospital and got me admitted over there.
At that time Kashmiri Lal Gulati, the deceased.
When my sister took me to hospital there also the doctor told her that she should companye with the police.
The appellant Ghansham Dass and Sunder Dass were also in the Willingdon Hospital and were arrested.
Dr. Bharat Singh who companyducted the post mortem on the dead body of Kashmiri Lai found three injuries 1 one abrasion on the left side forehead 1 above the left eye brow 1/2 1/4 red in companyour 2 one incised stab wound over the front or left side chest 1, 1/2, below the nipple, placed obliquely with its lower and towards the medical side.
The injury was simple in nature Sunder Dass who was examined a little earlier at about 2.30 a.m. stated that he was beaten by somebody and got two companytused lacerated wounds on the forehead measuring about 11/2 1/2 each and a third companytused lacerated wound on the chin measuring 1/2 1/2.
I tried to extricate but somebody hit a brick against my head, as a1 result of which blood started oozing out and thereafter some sharp edged weapon was hit on my left hip.
