DHANPAL Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) A collective assault resulting in the death of one Ajay Kumar Sharma gives rise to these three appeals. The incident occurred in the evening of 9.8.1996. Cause of his death was stabbing injuries inflicted on him in course of such assault. Sanjeev, the appellant in Criminal Appeal No. 1442 of 2019 arising out of SLP (Crl.) No. 3045 of 2010 had, while riding on his two-wheeler hit a cycle cart belonging to one Sanjay, at a location close to the latter 's house in Purana Maujpur under Bhajanpura Police Station, North East Delhi. Deceased victim Ajay was Sanjay 's cousin. As per prosecution evidence disclosed during the trial, there was some kind of verbal altercation between said Sanjeev and Sanjay after the collision. Sant Ram, the appellant in the proceeding in Criminal Appeal No. 1441 of 2019 arising out of SLP(Crl.) No. 3043 of 2010, also reached the spot and took Sanjeev 's side in such quarrel. At the intervention of two relatives of Sanjay, Narender Kumar (PW-3) and Sobha Ram (PW-4), there was a temporary truce with Sanjeev and Sant Ram leaving that spot. Sanjeev however returned after a short while along with three other individuals, Kamal, Dhanpal and said Sant Ram to the place of occurrence. Sanjeev 's sister is the wife of Kamal. Kamal 's father is Dhanpal and Sant Ram is Dhanpal 's brother, thus uncle of Kamal.

(2.) By the time these four persons had returned to the spot, Ajay had reached there after attending to his dairy work. Ajay ran a business of dairy farm. Evidence reveals that at that point of time Sanjay was deliberating over the dispute with Shobha Ram and Narender. As per the statement of Sanjay, forming the basis of the FIR from which the case started, Dhanpal then said "Leh lo gaadi wale ko bach ke jaane na pai". Then all four of them attacked Ajay. Dhanpal, Sanjeev and Sant Ram held Ajay and within seconds Kamal assaulted Ajay with a knife on his chest, abdomen and hips. Sanjay thereafter took the deceased to G.T.B. Hospital with Narender 's help. Ajay was declared brought dead at the hospital. The autopsy surgeon in the post-mortem report noted seven injuries on the body of Ajay, out of which four were incised stab wounds. These wounds were on right side of the buttock, midline of front of chest, midline of front of abdomen and right side of chest in the mid axillary line. There was also injury on midline over front of abdomen and this was referred to as "incised wound". The other two injuries referred to in the said report were red abrasion on the back of left forearm as also over left side front of neck. These injuries have been recorded in the judgments of the Trial Court and the High Court. It has also been recorded in the judgment of the Trial Court that such injuries were sufficient to cause death in ordinary course. The Trial Court found the three appellants as also Kamal, all four of whom were arraigned as accused persons, guilty under Section 302/34 of Indian Penal Code. The Trial Court primarily relied on eyewitness account of the incident in the depositions of PW-1(Sanjay), PW- 3 and PW- 4 to come to its finding. So far as Kamal 's conviction is concerned, we find from the Trial Court judgment that there was recovery of his wearing apparels with bloodstains on the basis of his statement. But in relation to these three appeals, foundation of conviction was eyewitness account of the incident. Sanjay (PW-1), Narender Kumar (PW-3) and Sobha Ram (PW-4) testified as eyewitnesses and gave uniform account of assault on the deceased victim.

(3.) The incidence of assault took place at around 6.15 p.m. The Inquiry Officer, Surender Kumar (PW-19) had reached the hospital and recorded the statement of PW-1. The actual FIR was registered at 9.30 p.m. in Bhajanpura Police Station. On that basis a case under Section 302/34 was started.