RAM SINGH Vs. STATE

JUDGEMENT

(1.) The appellants and one Dayas Ram were convicted under Section 302 read with Section 34 of the Indian Penal Code on 24th of Octiver and by a separate order of even date were sentenced. to under go to imprisonment for, life. All of them are aggrieved of the aforesaid order

(2.) Brief facts regarding the incident are unfolded by the statement of one Radhey Sham (Public Witness -3) and marked as Ex. Public Witness 3/A dated 3rd October 1982, allegedto have been made by him before PW-16 Sharda Ram A.S.I. of Police Station Paharganj. This statement was recorded at Willingdon hospital. Public Witness Sharda Ram came, to the Willingdon hospital pursnant to a. report lodged by one Smt. Dhapo Devi wife of Ram Kishan, deceased herein. This report was, to the effect that. some quarrel is going: on between her husband Ram Kishan and Singh. This report was recorded at the . police station as D.D. No. 23-A and was handed over to PW-16 Shardh Ram who proceeded to the .scene of the incident and from there to the Willingdon hospital

(3.) Based on the statemeat of Radhey Sham (Public Witness -3-) the prosecution case detail is that on. 3rd of 0ctoberr 1982 at about 9.45 AM. Radhey. Sham along with Ram Kihan and Smt. Billo, the reai sister of Radhey Sham were. going to the hOase 'of his sister, namely,Dropadi.residing at 52 Quarters. Paharganj. The accused dersons Ram Ram Singh Hoti Rani and Daya Ram who also reside at Nabi Katim came there. Daya Ram and Hoti Ramallegty caught bold of Ram Kishan and fell him down On the exhortation of accused Hoti Ram. Ram Singh accused took out a knife and gave two knife .blows on the chest of Ram Kishan who fell unconscious, the aaccused then escaped from the scene. According to Radhey. Sham, all of them including Dropadi his sister, who had also appeared on the scene, took: Ram Kishan to Wiliingdon hospitai. Radhey Sham in his statement Ex PW-3/A further calims that this incident has been witnessed by him and his sister Billo and many other persons who had gathered at the scene of the incident. Narrating the background, he stated that some days ago a quarrel had taken place between Ram Kishan and one Ram Caander the brother of Ram. Singh accused, audio that quarrel Ram Chander had sustained knife injury. According to,him, the accused with a view to take revenge and with an intention to kill Ram Kishan"had inflicted injuries on Ram Kishan who is in a precarious condition.