AMBIKA PRASAD Vs. STATE DELHI ADMINISTRATION DELHI

JUDGEMENT

(1.) These appeals are filed against the judgment and order dated 21-3-1997 (reported in 1997 Cri LJ 2853) passed by the High Court of Delhi dismissing Criminal Appeals No. 45/92, 49/92 and 50/92 filed by the present appellants, which arise out of common judgment and order dated 24-3-1992 passed by the Addl. Sessions Judge, Delhi in Sessons Case No. 508/91. In all six persons namely Ambika Prasad (A1), Krishanpal (A2), Ram Adhar (A3), Ram Chander (A4), Shiv Raj Singh (A5) and Rajinder Singh (A6) were tried for the offences punishable under Ss. 148, I.P.C. 341 read with Ss. 149, I.P.C. 307 read with Ss. 149, I.P.C. 302 read with S. 149, I.P.C. Additionally, accused-Ram Chander (A4) was charged for the offence punishable under S. 27 of the Arms Act. Out of them two were acquitted and appellants-Ambika Prasad, Krishanpal Singh, Ram Chander and Rajinder Singh were convicted for the offences under Ss. 302/34, I.P.C. 341/34, I.P.C. and 307/34, I.P.C. For sentence, the trial Court observed that murder appeared to be pre-planned. Accused-Ram Chander was a famous wrestler and for others no criminal antecedent was brought to the notice of the Court, therefore, it was held that it was not one of the rarest of the rare cases. Hence, for the offence punishable under Ss. 302/34, I.P.C., they were sentenced to suffer imprisonment for life and to pay a fine of Rs. 100/-. For the offence punishable under S.307 read with S. 34, I.P.C., the Court imposed a sentence of four years and a fine of Rs. 100/- and for the offence punishable under S. 341 read with S. 34, IPC fine of Rs. 100/- was imposed. Against that judgment, Ambika Prasad and Krishanpal filed Criminal Appeal No. 45 of 1992, Ram Chander filed Criminal Appeal No. 49 of 1992 and Rajinder Singh filed Criminal Appeal No. 50 of 1992 before the High Court of Delhi. All the appeals were heard together and were disposed by a common judgment and order. That judgment and order is challenged by Ambika Prasad and Krishanpal by filing Criminal Appeal No. 1152/97, by Ram Chander by filing Criminal Appeal No. 1153/97 and by Rajinder Singh by filing Criminal Appeal No. 1154/97. Since these appeals arise out of common judgment and order and from the same sessions trial, they are disposed of by this common judgment and order.

(2.) It is the prosecution version that Pratap Singh is the owner of the disputed land in village Libaspur. It is alleged that he sold 2 bighas out of 24 bighas of land to one Mohinder Yadav and over this transaction there was dispute between the vendor and the vendees, for which civil suit was pending. A few days before the incident, Shiv Raj (acquitted accused) told Kishan Devi (P.W. 10) wife of Pratap Singh that he had purchased the plot from Shri Ram Chander and Ram Adhar accused and that he would take possession of the land. She told him that it was a disputed land. P.W. 4 Vikram Singh, P.W. 5 Karan Singh and P.W. 7 Anirudh Singh are the sons of Pratap Singh. Deceased Virender Singh was the son of elder brother of Pratap Singh. For the assault on the complainant party and injury caused to the deceased-Virender Singh as well as injured witnesses, FIR was lodged by Vikram Singh (P.W. 4) on 30-6-1982 at 12.40 p.m. It was stated that they were owners of 24 bighas and some biswas of land towards East of G.T. road by the side of village Libaspur. For the said land, there was a transaction with Saroop Nagar Housing Society through Mohinder Yadav. It was decided that on the receipt of entire consideration the possession of the land would be handed over to the vendees. As sale consideration was not paid, they were in possession of the said land. As the Society started constructing houses, they filed suit and obtained stay order which was in operation till date. It was further stated that at about 10 a.m., when Karan Singh, Anirudh, Virender Singh were returning after ploughing the land by their tractor, Ambika Prasad along with his companion Rajinder Diarywala, Ram Adhar Pehalwan and his so-called adopted brother (subsequently identified as Ram Chander), whose both ears were damaged and who was known to the informant came there by the side of house of Ambika Prasad along with 4 to 5 other persons. Rajinder was holding a ballam (Spear), Ambika Prasad was having a lathi, Ram Adhar was equipped with jaili (rake) and his so-called adopted brother was armed with gun whereas other persons were holding lathis. Ram Adhar in a loud voice gave a lalkara that nobody should be spared and their dead bodies should be laid so that there may not be quarrel again. At that stage, he drove back the tractor towards plot of one person named Dhillon but the tractor got entrapped in a ditch. So, all the brothers came down of the tractor and at that time Ram Chander wrestler brother of Pehalwan Ram Adhar fired a shot from his gun, as a result Virender Singh fell down and died on the spot. Rajinder gave a blow of ballam on the face of P.W. 5 Karan Singh, and accused-Ram Adhar and Ambika Prasad assaulted Karan Singh by jaili and lathi. Anirudh P.W. 7 was also beaten by lathi. He was not injured because he hid himself behind the tractor. At that time, wrestler fired at him but he escaped and ran away. He raised alarm for help and on hearing the alarm, Prem Singh P.W. 8 and Rattan Singh P.W. 10 along with other persons arrived at the spot. He has further stated that with the help of these persons accused-Ambika Prasad and Krishanpal were overpowered and during the scuffle they sustained injuries. They were apprehended on the spot while they were trying to run away after committing the crime. It is stated that assault took place at about 10.15 a.m. and the police reached there soon after the occurrence. Two injured witnesses and two accused who were apprehended on the spot, were taken to Hindu Rao Hospital, Delhi by SI Prithipal Singh of Police Control Room between 12.5 p.m. and 12.10 p.m. Thereafter, FIR was recorded at about 12.40 p.m.

(3.) In the present case, injuries to the prosecution witnesses Karan Singh and Anirudh Singh are proved by examining P.W. 1 Dr. Joginder Mittal of Hindu Rao Hospital. P.W. 2 Dr. P. K. Sakondia of the said hospital also examined accused-Ambika Prasad and Krishanpal Singh and has proved injuries suffered by them. Injuries to the accused are abrasions and bruises. P.W. 3 Dr. L. T. Ramani conducted post-mortem examination of Virender Singh on 30-6-1982 at about 3.00 p.m. and recovered 43 pellets from his body. According to him the injuries were caused by the fire-arm except injury No. 3 which was an abrasion. According to the doctor, the injuries were sufficient in the ordinary course of nature to cause death. In the present case, motive is the land dispute between the complainant party and the accused. The occurrence at the scene of offence is also established and is not disputed. With regard to the evidence of P.W. 4 Vikram Singh who has lodged exhaustive FIR, the High Court observed that on occasions he had gone back from his initial statement under S. 154, Cr. P.C. and in that sense has turned hostile. The Court observed that reading his evidence as a whole it appeared that he was under fear from the accused and that he has stated so in the cross-examination. The High Court further observed that fear prevails in the mind of complainant party which could be for the reason that accused party was stronger in terms of money power and muscle power. After appreciating the evidence of prosecution in detail and relying upon the evidence of injured witnesses, Karan Singh (P.W. 5) and Anirudh Singh (P.W. 7), the High Court dismissed the appeals.