RAJ KUMAR Vs. STATE

JUDGEMENT

(1.) Raj Kumar has assailed the order of his conviction and sentence passed by the learned Additional Sessions Judge, Delhi, thereby convicting him and giving him sentence of rigourous imprisonment for life under .Section 302/34 Indian Penal Code and a fine of Rs. 1000.00, in default of payment of fine to further undergo simple imprisonment of two years. He has also been sentenced to undergo rigourous imprisonment for one year under Section 324/34 Indian Penal Code and fine of Rs. 500.00, in default of payment of fine to further undergo simple imprisonment of three months.

(2.) Raj Kumar, appellant has challenged the order of his conviction and sentence on the grounds namely; (1) That his identity was not established; (2) That the role assigned to him was catching hold of the arms of the deceased as well as Tara Chand (Public Witness-7); (3) In the FIR the name of appellant Raj Kumar has not been mentioned. It was mentioned Bille. It has not been proved that Raj Kumar was also known as Bille: (4) The FIR was recorded in hurry. True facts have not been mentioned. Moreover, there is violation of Rule 24(1) of the Punjab Police Rules as applicable to Delhi. The corresponding entry of FIR was not entered in the Daily Diary. Therefore, it shows that the FIR was recorded subsequently to implicate the appellant. (5) Matin Qureshi the alleged eye witness has not been examined instead prosecution has planted Jugal Kishore (Public Witness-8) as the witness. He has not supported the case of the prosecution;' Finally (6) The exortation attributed to the appellant i.e. "MAAR SAALE KO" does not mean to kill the deceased. At best it can be said to mean "Beat the rascal". Therefore, on the basis of this exortation the appellant could not have been sentenced under Section 302 read with Section 34 Indian Penal Code.

(3.) In order to appreciate the points raised by Mr. K.B. Andley counsel for the appellant, let us have a quick glance to the facts of this case. Prosecution's story is unfolded from the statement of Tara Chand (Public Witness-7) recorded as Ex. Public Witness-7/A. It shows that on 5/12/1988 at about 7.30 p.m. Sunil son of Shri Ram and Matin Qureshi were having talk while standing towards Nallah at the corner of street No. 42, Beadon Pura, Karol Bagh, Delhi. Lallu @ Dharamvir, Bill son of Pratap, Shashi @ Dari came there at about 7.45 P.M. Lallu said to Tara Chand that they would teach him a lesson for getting him arrested. Tara Chand had got Lallu arrested on 29/11/1988 (though recorded as 29/11/1986) because of the quarrel started by Lallu @ Dharamvir, r/o Jagjiwan Niwas, Bille son of Pratap and their two companions whom Tara Chand did not know. When this quarrel started, Tara Chand in order to save himself rushed to his house. The following day on the complaint of Tara Chand, Lallu @ Dharamvir was arrested by the Police. He was subsequently released on bail. It is as a consequence of that quarrel that Dharamvir told Tara Chand that he would teach him a lesson for getting him arrested. Bille and Shashi caught hold of Tara Chand by his both arms and Lallu @ Dharamvir inflicted knife blow forcibly on the back side of his right thigh. When Tara Chand in order to save himself ran towards the Arya Samaj Road, Lallu @ Dharamvir said loudly that they would not leave him alive. 'Sunil when tried to caught hold of Bille, Bille and Shashi both in turn caught hold of him and exorted Lallu @ Dharamvir "DEKHTA KYA' HAI MAAR SAALE KO JAAN SE" (Means: What for he was looking. Kill this rascal), On this Lallu @ Dharamvir caused injury to Sunil by giving blow on his neck with the knife which he was holding in his right hand. At this Tara Chand (Public Witness-7) raised alarm hearing which Gopal @ Bobby, brother of Sunil reached there. By this time all the three accused persons succeeded in making escape good. While running these persons threatened by way of brandishing knife. Tara Chand, Public Witness, has seen this occurrence in the light of the electric pole. Sunil was taken to Hospital by his brother Gopal @ Bobby and Tara Chand was taken to Dr. R.M.L. Hospital by his brother Nand Kishore. Doctor declared Sunil brought dead and Tara Chand, Public Witness, was given medical treatment. According to the story of prosecution, Lallu @ Dharamvir and Bille collectively tried to kill Tara Chand and actually killed Sunil by making a murderous assault.