SURESH SINGHAL Vs. STATE DELHI ADMIN

JUDGEMENT

(1.) These appeals are directed against the judgment dated 29th March 1997 and the Order on Sentence dated 31st March 1997, whereby Suresh Singhal, the appellant in Criminal Appeal No. 232/1997 and his father and co-appellant Pritpal Singhal, who died during the pendency of the appeal, were convicted under Section 302 and 307 of IPC, read with Section 34 thereof, whereas their co-accused Roshan Lal was acquitted. The appellants Suresh Singhal and late Pritpal Singhal were sentenced to imprisonment to life and to pay fine of '5,000/- each under Section 302/34 of IPC, for committing murder of Krishan Lal. The appellant Suresh Singhal was also sentenced to undergo imprisonment for life and to pay fine of '5,000/- or to undergo R.I. for 6 months in default under Section 302 of IPC, for committing murder of Shyam Sunder. Both, Suresh Singhal and his father Pritpal Singhal, were also sentenced to undergo R.I. for 10 years each and to pay fine of '3,000/- each or to undergo R.I. for 6 months in default under Section 307/34 of IPC. The substantive sentences were directed to run concurrently.

(2.) Criminal Appeal No. 226/1997 is directed against the acquittal of Roshan Lal, whereas Criminal Appeal No.217/1997 has been filed by the State seeking death penalty to the convict Suresh Singhal.

(3.) On 4th March 1991 at about 5.45 PM deceased Shyam Sunder and Krishan Lal, both brothers, were brought to Deen Dayal Upadhaya Hospital in two separate PCR Vans. On the same day, their brother Hans Raj was also brought to RML hospital in injured condition, by his brother Ram Narayan. The Investigating Officer, when he reached the hospital, on receipt of this information, was informed that both, Shyam Sunder and Krishan Lal were dead, when brought to the hospital. He thereupon reached the shop of Lala Harkishan Dass, at Rajendra Park, Nangloi, where the incident had taken place and recorded his statement, on the basis of which the FIR was registered. Lala Harkishan Dass told the Investigating Officer that Krishan Lal, Shyam Sunder, Hans Raj and Raju, all sons of Shri Mohan Lal of Bahadurgarh were doing business of property dealers under the name and style of M/s Vijay Property Dealer at Bahadurgarh. They had arranged a deal of a property of Suresh Singhal with Tarsem, Sarovar and Tilak Raj, hereinafter referred to as the Gurdaspur Party. Since there was some misunderstanding and altercation between them, on the issue of payment, the parties had approached him for getting the matter settled and were called by him to his office at 4.00 PM. Shyam Sunder, Hans Raj, Raju and Krishan Lal, all brothers, accordingly came to his office at 4.00 PM. Gurdaspur Party reached his office at 5.10 PM. Suresh Singhal and his father Pritpal Singhal, accompanied by a man, aged about 35-36 years, then reached his office. As soon as they entered his office, there was an altercation between Suresh Singhal and Shyam Sunder. Suresh Singhal took out his revolver and shot Shyam Sunder, which led to a commotion. Being scared, he (the informant) escaped, using the rear door of his office. Later, he came to know that Krishan Lal was also shot by those people. He also stated that car No. DL4C-0532 in which Suresh Singhal, his father Pritpal Singhal and their companion had come to his office, was left by them on the spot and they had fled away in the Fiat car of another visitor Subhash, who had left the key of the car in its ignition. The information given to the police by Lala Harkishan Dass was supplemented by the statement of Raj Kumar, recorded on the same day. He, while confirming the version given by Lala Harkishan Dass, stated that his brother Shyam Sunder had brokered a deal with Pritpal Singhal and Suresh Singhal and that on 03rd March, 1991, there was an altercation between his brother Shyam Sunder on the one hand and Suresh Singhal and his father Pritpal Singhal on the other hand on the question of some payment. He also stated that when Suresh Singhal shot his brother Shyam Sunder from the revolver which he took out from his pocket, he and his other two brothers moved towards him in order to save his brother Shyam Sunder. Suresh, thereupon, asked his father Pritpal Singhal to finish all the brothers. He was then grabbed by the third person, who was accompanying Suresh Singhal and his father. Pritpal Singhal as well as Suresh Singhal shot his brothers Krishan Lal and Hans Raj. On getting gunshot wounds, his brother Krishan Lal and Hans Raj ran out of the office of Lala Harkishan Dass, but, Hans Raj fell down after he had covered some distance on Rohtak road. Pritpal Singhal then asked the third person, who was holding him, to bring his gun from the car. The third person, who is alleged to be Roshan Lal, then released him and ran towards the car in order to bring the gun. He, saving himself, ran towards Bahadurgarh and met Naresh Kumar, a resident of Bahardurgarh, who was going towards Delhi on a two-wheeler and had stopped on seeing him running. He asked Naresh to take care of his brothers and went to his house in Bahadurgarh for giving information of the incident. From there, he returned to the spot.