KALI CHARAN Vs. STATE

JUDGEMENT

(1.) Present appeal is directed against the judgment dated 9 th April, 1997 passed by the learned Additional Sessions Judge, Shahdara, Delhi, arising out of FIR No.95/89 registered at P.S Nand Nagri u/s 302/34 IPC and u/s 27 of the Arms Act, 1959 wherein appellants, i.e., accused Kali Charan, Om Parkash and Yashpal have been convicted u/s 302/34 IPC. Appellant Yashpal has also been held guilty for an offence punishable u/s 27 of the Arms Act, 1959. The appeal is also directed against the order of sentence dated 15 th April, 1997 whereby the appellants have been sentenced to undergo life imprisonment and to pay a fine of Rs.5000/- each for the offence u/s 302/34 IPC and in default of payment of fine, each would undergo further RI for a period of three months. Appellant Yashpal is further sentenced to undergo RI for one year and to pay a fine of Rs.1000/- for the offence u/s 27 of the Arms Act, 1959 and in default of payment of fine to further undergo RI for one month. The learned Addl. Sessions Judge has also ordered that the substantive sentences of accused Yash Pal would run concurrently, however, the sentences in default shall run one after the other after expiry of the substantive sentences.

(2.) On 18 th April, 1989, DD no.20, Ex.PW 1/B, was got registered in Police Station Nand Nagri on the information of Puspa PW1. A copy of the same was given to ASI Bhoop Singh- PW10 who along with Constable Raja Ram-PW8, Constable Shesh Mani and Constable Ram Behari and Smt. Pushpa, PW-1, reached the place of occurrence, i.e., C- 3/150, Nand Nagri. The complainant Lekh Ram PW-2 was present there and gave a statement Ex.PW 2/A to ASI Bhoop Singh PW-10, to the effect that he was a resident of C-3/169 Nand Nagri. On the night intervening 17 th & 18 th April, 1989 at about 2 AM, accused Kali Charan who was residing in his neighbourhood, i.e., house no.C-3/150 had come to his house and took away his son Rajbir. When the complainant PW-2, asked Kali Charan as to what was the matter and why his son was being taken away at odd hours of night, Kali Charan replied that he had to talk something important with him. When his son Rajbir did not return for about 15 minutes, he along with his wife Pushpa-PW1 reached the house of Kali Charan and there they saw their son Rajbir having been held by his neck by the accused Om Parkash and accused Kali Charan was giving him fist blows. He immediately sent his wife PW1 to inform the police. In the meanwhile, Kali Charan's another son, Yashpal gave two-three blows to his son with something which he was holding in his right hand. When he went to save his son, accused Yashpal threatened him that he would also meet the same fate as that of his son, as such, he kept standing outside and raised an alarm. His son Rajbir got smeared with blood and breathed his last there. On hearing the noise, people of neighborhood also gathered there. As per complainant, all the three accused persons, i.e., Kali Charan and his two sons Yashpal and Om Parkash had murdered his son Rajbir. He stated to the police that action be taken against aforesaid accused persons. On the aforesaid complaint, ASI Bhoop Singh, PW-10 had put his endorsement Ex.PW10/A and sent ruqqa to police station through Constable Raja Ram PW-8 and got registered FIR Ex.PW 7/A. In the meanwhile, SHO Raghubir Singh PW- 15 had also reached the spot. The scene of crime was got photographed. The blood sample was seized from the spot after completing necessary formalities in this regard vide memo Ex.PW10/B. The site plan Ex.PW 10/C was got prepared. ASI Bhoop Singh (PW10) also made an inquest report Ex. PW10/D and the dead body was sent through Constable Raja Ram-PW8 to mortuary. The search of the accused persons was done. Accused Kali Charan and Om Parkash were apprehended on the same day from park no. B-6, Nand Nagri and, on interrogation, they made disclosure statements Ex. PW10/E and Ex.PW10/F respectively. The T shirt which accused Kali Charan was wearing and the shirt which accused Om Prakash was wearing were having blood stains and the same were also seized after doing necessary formalities, vide seizure memo Ex.PW10/G. Both the accused persons were arrested vide memo Ex.PW 10/H & Ex. PW10/J respectively. On 27 th April, 1989, accused Yashpal was apprehended from Gagan Cinema. On interrogation, he had also made a disclosure statement Ex.PW10/K. Thereafter, he was arrested vide memo Ex.PW10/L. Pursuant to his disclosure statement, accused Yashpal led the police party to his house and got recovered his shirt having blood stains, which was also seized after completion of necessary formalities, vide memo Ex.PW10/M. Thereafter, he led the police party to a canal near Nand Nagri and at his instance, a knife was recovered. The sketch of the said knife was prepared which is Ex.PW10/N. The said knife was also seized vide seizure memo Ex.PW10/O after completing the necessary formalities in this regard. After completion of investigation, a report u/s 173 Cr.P.C was filed against the accused persons before the Metropolitan Magistrate, Delhi. Thereafter, it was assigned to the court of Ld. Addl. Sessions Judge, Delhi. The Charges were framed against the accused persons for having committed offence punishable u/s 302/34 IPC. A separate charge was framed against accused Yashpal for having committed offence punishable u/s 27 of the Arms Act. All the accused persons pleaded not guilty in respect of charges framed against them and claimed trial.

(3.) The prosecution, in all, had examined 15 witnesses, out of which Smt. Pushpa PW-1 and Sh. Lekh Ram PW-2, are parents of the deceased Rajbir. As per prosecution story, Sh. Lekh Ram PW-2 was the eye witness to the alleged occurrence whereas Smt. Pushpa PW-1 has partly seen the occurrence. PW-5 Dr. L.T.Ramani had conducted the postmortem of the deceased. Remaining witnesses relate to police and medical evidence.