SHATRUGHAN Vs. STATE (GOVT. OF NCT OF DELHI)

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment dated 21st March, 1997 in Sessions Case No. 99/1995, FIR No. 546/1992, Police Station Mangol Puri in terms of which the appellant has been convicted under Section 302 IPC as also the consequent order on sentence of even date.

(2.) BRIEFLY stated, the case of the prosecution is that on 31st August 1992 at about 11.20 a.m., on the receipt of information regarding a quarrel near House No. 449, J.K. Tent House, A -II, Sector -8, Rohini, DD No. 14 was recorded at the Police Post Rohini which is Ex.PW12/B. Copy of the DD report was entrusted to SI Vir Singh for verification. SI Vir Singh alongwith Constable Ravinder Kumar went to the spot of occurrence, where he found that the injured Daya Ram (hereinafter referred to as 'deceased') had already been removed to hospital. Parag Madho (PW10) was present at the spot of occurrence who produced the appellant before SI Vir Singh and got recorded his statement Ex.PW10/A. SI Vir Singh appended his endorsement Ex.PW12/C on the said statement and sent it to the police station for the registration of the case.

(3.) COMPLAINANT Parag Madho in his statement Ex.PW10/A stated that Daya Ram had done some carpentry work for the appellant at Sector 5, Rohini and the appellant owed him Rs. 80/ - for the said work. Daya Ram demanded his dues several times but the appellant did not pay. On 31.08.92 at about 11:05 am, he (complainant) and PW8 Raj Pal Sharma accompanied Daya Ram to the house of the appellant to demand payment of the dues of Daya Ram. There they came to know that the appellant was working of door frames at House No. A -II/449, Sector 8, Rohini. Accordingly, they came to Rohini at 11:15 am. Appellant Shatrughan was making door frames under a tree near the said house. When Daya Ram demanded payment of his dues, the appellant started abusing him. He and Raj Pal Sharma tried to persuade the appellant to make the payment, on this, the appellant, while holding a 'chaursi' (a wood peeling instrument) and shouting that he would eliminate Daya Ram rushed towards him and struck him with the 'chaursi' on the abdomen and testicles resulting in injuries. Appellant was over -powered by the public persons and the injured Daya Ram was taken in a 'rickshaw' to Jaipur Golden Hospital.