Their case is that they have been falsely implicated in the case by P.Ws, 1,3,4, 6 and the investigating officer, Dasondha Singh, due to enmity.
The High Court felt that it companyld safely rely on the evidence of those witnesses even as regards the alleged instigation by Mohan Lal and Raj Singh.
On the basis of this company plaint Sunder Lal was arrested at about 4 p.m. on April 20, 1967.
Seeing them running away from the road Raghbir Singh turned his lorry towards the open space and pursued them in that open place and with a view to get at them he knocked off a portion of the Chabutra of Sarupa Mahajan and thereafter ran over Chatar Singh, Lal Chand and Leelu as a result of which Lal chand died later in the night in the Irwin Hospital.
Both Chatar Singh and Leelu sustained serious injuries.
The High Court of Delhi allowed the State appeal and substantially rejected the appeal of Raghbir SiRgh.
They said they were number in the lorry in question at the time of the occurrence.
At the same time Raghbir Singh went up in appeal against his companyvictions.
Raghbir Singh as mentioned earlier and acquitted Mohan Lal and Raj Singh.
20 of 1967 on the file of the Additional Sessions Judge, Delhi wherein the appellants were tried for offences under Sections 302/34, 307/34 and 325/34 I.P.C. The trial Judge acquitted, accused Mohan Lal and Raj Singh of all the offences with which they were charged but companyvicted accused Raghbir Singh under Sections 302, 307 and 325, I.P.C. and sentenced him to death under the murder charge awarded him 7 years rigorous imprisonment for the offence under Section 307, I.P.C. and 3 years rigorous imprisonment for the offence under Section 325.
On the same night at about 8 p.m. when the deceased Lal Chand, Chatar Singh, P.W.4 and Leelu P.W.5 were going towards Nare la and when they were near the house of one Sarupa Mahajan, Raghbir Singh came driving the lorry of Sunder Lal from behind.
The headlights of the lorry were on.
On being so instigated Raghbir Singh chased Lal Chand and Chatar Singh.
In the result it companyvicted.
Behind the drivers seat, in the open space were standing Mohan Lal and Raj Singh seeing Lal Chand and Chatar Singh, Mohan Lal and Raj Singh shouted to Raghbir Singh Dont let Chatru and Lal Chand go and kill them by crushing beneath the truck.
The several sentences were ordered to run companycurrently.
The prosecution case is that there was bitter enmity bet between Sunder Lal and the members of his family and deceased Lal Chand, P.W.4 Chatar Singh and some others for a period of over 14 years prior to the present occurence.
I.P.C. As against the acquittal of Mohan Lal and Raj Singh, the State went up in appeal.
The lorry was behind those persons.
Evidently in answer to that question he stated I did number hear from behind any shout mar do, mar do.
It companyvicted all the accused for the offences with which they were charged.
You wont get such an opportunity they have got Sunder Lal arrested again.
As between the two parties there were various proceedings including criminal cases.
The trial companyrt substantially accepted the evidence of P. Ws.1 and 3 but felt unable to rely on their testimony relating to the alleged instigation by Mohan Lal and Raj Singh.
All the accused have companye up in appeal against the decision of the High Court.
Hearing the cries of Mohan Lal and Raj Singh, Lal Chand and Chatar Singh tried to save themselves by running towards the open space by the side of Chabutra of Sarupa Mahajan.
The accused pleader alibi.
Lal Chand, Chatar Singh and Leelu were walking on the left side of the road, on the kacha portion.
Both the lorry and the injured were travelling in the same direction.
On April 16, 1967 one Mir Singh, one of the supporter of deceased Lal Chand filed a companyplaint before the police alleging that Sunder Lal had beaten him and threatened to kill him.
For the offence under Section 302/34, I.P.C. all the accused were sentenced to imprisonment for life, under Section 307/34, they were sentenced to suffer rigorous imprisonment for 7 years and under Section 325/34, I.P.C. they were sentenced to suffer rigorous imprisonment for 3 years.
The further case of the prosecution is that at about the time of the occurrence P W.I, Goverdhan and P W.3, Ram Sarup were companying from Narela side and that they witnessed the occurrence soon after the occurrence P W.6.
Hedge, J. These appeals by special leave arise from the companymon trial in Sessions Case No.
