FATEH SINGH Vs. STATE

JUDGEMENT

(1.) THE above captioned appeal has been filed by appellants Fateh Singh, Suraj Bhan, Karan Singh, Jai Bharat, Prem Singh, Raj Tilak and Santosh @ Pappy challenging the judgment and order dated 19.09.2001 passed by the learned Trial Judge convicting them for the offences punishable under Section 148 IPC, as also Sections 302/149 IPC. For the offence of murder, the appellants have been sentenced to undergo imprisonment for life and to pay fine in sum of Rs.3,000.00 each; in default of payment of fine to undergo simple imprisonment for one month each. For the offence punishable under section 148 IPC, the appellants have been sentenced to undergo rigorous imprisonment for one year. The sentences have been directed to run concurrently.

(2.) THE broad contours of the case set up by the prosecution are that there is a Valmiki temple situated near Anant Ram Dairy in R.K.Puram, Delhi. The temple belongs to appellant Fateh Singh who is a Valmiki. Appellant Fateh Singh wished to extend the temple and for said purpose wanted to take over possession of a vacant plot situated adjacent to the temple. Anant Ram PW-6 is a Gujar. He claimed to be the owner of the said vacant plot and therefore resisted Fateh Singh from taking possession of the same. As a result, about 2-3 days prior to the date of the incident in question i.e. 14.10.1991, an altercation took place between appellant Fateh Singh and his family, i.e. the Valmikis, on the one side and Anant Ram PW-6 and his folks i.e. the Gujars, on the other. In the said incident, appellant Jai Bharat, a Valmiki, sustained injuries for which incident, FIR No.506/1991 PS R.K.Puram was registered in which Anant Ram and his family members were named as accused. On 14.10.1991, in the morning at about 6:00 A.M., Satish Kumar PW-2 son of Anant Ram PW-6, a Gujar by caste was returning to his house after attending the call of nature. As he reached near the shop of one Ram Sarup, the appellants who were armed with deadly weapons such as trishul, iron rods and lathis waylaid him. Appellant Jai Bharat exhorted to the other appellants that Satish Kumar PW-2 and his family members had beaten him on the previous night and were preventing them from building the temple. On this, the other appellants gave lathi blows upon the head of Satish Kumar. When Satish cried out for help, his brother Satya Dev rushed towards him, but the appellants immediately targeted Satya Dev and assaulted him. Soon thereafter Jagdish PW-8, Ajab Singh (the deceased) and Mannu Dev PW-1, relatives of Satish PW-2, also reached the spot to rescue Satish and Satya Dev. But, being armed with weapons such as lathis, rods and trishul, the appellants managed to inflict blunt as well as incised wounds on them. Fatal injuries were inflicted upon the person of Ajab Singh, who died soon thereafter.

(3.) THE admitted evidence on which there can be no dispute is that on 14.10.1991 between 7:00 AM to 7:30 AM, Ajab Singh, Jagdish and Ramesh, three persons belonging to the Gujar community, were admitted at AIIMS and four persons from the same community, namely, Anant Ram, Satish Pal, Satay Pal and Mannu Dev were admitted at Safdarjung Hospital with the alleged history of being involved in a fight or of having been assaulted. The injuries noted on their person in their respective MLCs are as under:-