STATE DELHI ADMINISTRATION Vs. VISHWA BANDHU ALIAS BILLA

JUDGEMENT

(1.) On 4/05/1978 we pronounced orders in court allowing the appeal by the State (Delhi Administration) setting aside the acquittal of both the respondents and convicting both the accused under S. 326, 1. P. G. and sentencing them to six years' rigorous imprisonment each. We proceed to give our reasons.

(2.) The respondents Ram Kishan alias Phokan and Vishwa Bandhu alias billa were tried by the Additional Sessions Judge, Delhi, on a charge under section 302, read with S. 34, 1. P. C. The learned Judge found both the accused guilty for an offence under S. 302, read with S. 34, 1. P. G. and sentenced them to imprisonment for life. The two respondents preferred separate appeals-Vishwa Bandhu preferred Cr. A. 132 of 1972 and Ram Kishan Cr. A. 178 of 1972 to the High court of Delhi,against their conviction and sentence. The High court heard both the appeals together and allowed them by a common judgment setting aside the conviction and the sentence imposed upon the two accused and acquitted them. 'the State (Delhi Adminstration) has preferred the present appeal against the judgment of the High court acquitting the respondents of the offences with which they were charged.

(3.) The facts of the case may be briefly stated. The deceased Mool "chand, a police constable who was in plain clothes, caught hold of Phokan atq,utabroad near Star Hotel at about 2.30 p. m. on 8/06/1971. Phokan had a knife in his hand. He tried to release himself from the hold of Mool Chand but failing in his attempt shouted to Billa who was standing nearby. Billa rushed to the spot in response to the call of Phokan with an open knife. On reaching the spot Billa stabbed Mool Chand in the abdomen. On getting free from the hold of Mool Chand, Phokan inflicted a knife injury on the chest of Mool Ghand. Mool Chand gave chase to the assailants but they escaped towards Narain Market. Owing to the injuries, mool Chand fell near the shop of Subhash Chand (Public Witness 4). According to the prosecution the occurrence was witnessed not only by Subhash Chand but also by Mohinder Nath (Public Witness 5) and Niranjan Singh (Public Witness 7) who gave chase to the assailants. Mool Chand told Subhash Chand that he was a police constable and that Subhash Chand may ring up the police Control room and inform them of the stabbing incident. Accordingly a message was sent to Public Witness 9 Shiv Kumar at the police Control Room which was received at 2.46 p. m. Shiv Kumar transmitted the message to the Flying squad and informed the Police Station at Sadar Bazar. Soon after, Jaipal singh (Public Witness 11) reached the spot of occurrence and removed Mool Chand to the hospital.