MOHINDER SINGH Vs. STATE DELHI ADMN

JUDGEMENT

(1.) This appeal is preferred by the accused challenging the correctness of the judgment made by the High Court of Delhi in Crl. Appeal No. 64/ 75 confirming the judgment of the trial Court convicting the appellant under Ss. 302 and 449, I.P.C. and sentencing him to undergo imprisonment for life under S. 302, but awarding no separate sentence for the offence u/s. 449 on the accusation that on 10 -6-74 at about 8 00 p.m. at Prem Nagar the appellant caused the death of the deceased Inder Singh by stabbing him with a knife. The facts of the case stated in brief are as follows:

(2.) The appellant was a driver who was having sexual relationship with the wife of the deceased Jito. On the date of the occurrence he came to the house of the appellant while the appellant and his brother PW 9 were sitting on a cot and conversing and called Jito - Jito. The deceased opened the gate and questioned the appellant as to why hed come there to which the appellant replied that She had illicit relationship with Jito and therefore he would continue coming to their house. This led to an exchange of hot words between the deceased and the appellant. According to the prosecution the appellant stabbed the deceased on his left side near the chest. On receipt of the injury the deceased Inder Singh raised a hue and cry and fell inside the house which cry attracted PWs 10 and 12. PW 9 also came out of the house and saw the deceased lying with a stab injury on his chest. PWs 9, 1 0 and 12 attempted to apprehend the appellant but the appellant ran away from the scene of the occurrence. PW 3 who was the Sub-Inspector of Police in the Police Control Room, received a telephonic message from one Kabul Singh (not examined) intimating that one person at Patel Nagar had been stabbed. He entered this information as Exhibit PW 3 /A and passed on the information to the concerned police station. PW 1, the Head Constable of the concerned police station received the message at about 8.15 p.m. from the Control Room and prepared a report exhibit PW 1/ A and the said report was sent to the Sub-Inspector of Police, PW 17 who received the same on his way to Wellington Hospital. On receipt of the said report PW 17 went to Patel Nagar along with a constable and recorded the statement of PW 9 Teja Singh under exhibit PW 1 /B. PW 17 after holding inquest on the dead body, sent he same for post mortem examination. Dr. Bharat Singh conducted the post mortem examination of the dead body of the deceased Inder Singh on 11-6-84 and found the following external injury:

(3.) After completing the investigation PW 17 laid the charge sheet against the appellant. PWs 9, 10 and 12 were the eye-witnesses of whom PWs 10 and 12 resiled from their earliest statement and as such they have been treated as hostile witnesses. IPW 9 who is the brother of the deceased speaks about the entire incident. According to PW 9 while he was conversing with the deceased sitting on a cot inside the house of the appellant heard the appellant calling Jito and his brother, the deceased opening the gate. He further states that on hearing the distress cry of his brother he went to the spot and found his brother lying with injury on his chest and the appellant trying to escape from the place. Pws 9, 10 and 12 attempted to apprehend the appellant but they could not do so. The trial Court relying on the evidence of PW 9 and the circumstance namely the recovery of Ex. P/ 1 (a driving licence of the appellant) which was recovered from the scene of the occurrence, found the appellant guilty of the 'offences charged. The High Court, on appeal by the appellant, affirmed the finding of the trial Court. Hence this appeal is preferred.