GURMUKH SINGH ALIAS BILLA Vs. STATE

JUDGEMENT

(1.) AN incident of stabbing had taken place on 8th August, 1984 between 2 or 2.30 P.M. near gate No. 4-A, Daya Basti, New Rohtak Road, within the jurisdiction of Police Station, New Delhi Railway Station. Ram Singh (PW-10) claims to be an eye-witness of the occurrence, from a distance. He had seen two Sardars quarrelling with each other. His version in brief is that out of the two, one was holding a hammer and trying to hit the other. In the scuffle, the hammer fell down on the ground but the accused immediately took out a dagger from his right dub, and stabbed the other on the left side of his abdomen. As the injured fell down, the accused, even then inflicted 2-3 dagger blows on his person. Thereafter, the accused ran away towards Rohtak Road side after leaving the hammer and the dagger there. When this witness approached the injured, he disclosed his name as Surinder Singh son of Bharpur Singh R/o village Gurdaspur, Sangroor, Punjab. The injured then requested that the name of the assailant be written on a piece of paper. As Ram Singh, PW, was an illiterate, he requested another passers by to write down the name of the assailant, namely, Billa Bijliwala, as disclosed by the injured. He then gave this piece of paper to the injured. By that time, a number of persons had collected there. He, however, went to his place of work.

(2.) SOME of the persons gathered there informed Bal Chand (PW-3) Gateman of Daya Basti Railway Station that a man has been stabbed on the railway line. He immediately informed his superior, Assistant Station, Master Madan Lal (PW-9) of somebody having been stabbed and lying injured near his place of duty. Madan Lal, in turn, conveyed the message to the Police on phone no. 100. A.S.I Roop Narain (PW-14) received the message while on duty on the wireless van. He immediately rushed to the place of occurrence and saw a person lying injured with his intestines bulging out of the abdomen. On enquiry, the injured not only disclosed his name but also that of the assailant i.e. Billa Bijliwala of Gali No. 11 of Arland Parbat, New Rohtak Road. The injured also handed over the piece of paper to him. The injured was then removed to the hospital in an Ambulance van. After sometime, A.S.I. Hukam Singh (PW-24) of the Police Post Kishanganj, reached there. On being informed that the injured had already been removed to Hindu Rao Hospital, he reached, there. on enquiry, he was told by the doctor that the injured had been taken to the Operation Theatre. From the hospital, he came back to the place of occurrence but did not find any person to throw light on this, occurrence. A.S.I. Roop Narain P.C.R. was there to safeguard the place of occurrence. In the meantime, Inspector Ram Kishan, PW 21, Incharge of Police Post Sabzi Mandi, came there and took over the investigation. After sometime, Ram Singh came there and offered to describe the incident. His statement was recorded by the Inspector. Therefore I.O. collected all the incriminating articles lying near the place of occurrence and also took into possession the slip from - Roop Narain. He then recorded the statements of various witnesses, completed the investigation and submitted the challan in the Court.

(3.) THE present appeal is directed against the order of his conviction and sentence awarded by the Addl. Sessions Judge, on 30th May, 1987.