JAWAHAR LAL Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 21.07.1997 delivered by the Additional Sessions Judge, Delhi in Sessions Case No. 19/1996, which arose out of FIR No. 171/1992 of Police Station Darya Ganj, Delhi under Section 302 of the Indian Penal Code, 1860. By virtue of the impugned judgment, the appellant Jawahar Lal has been convicted for the offence punishable under Section 302 IPC for having committed the murder of Mahinder Gupta. The appeal is also directed against the order on sentence dated 23.07.1997 passed by the Additional Sessions Judge, Delhi whereby the appellant Jawahar Lal was sentenced to imprisonment for life for having committed the murder of Mahinder Gupta. The benefit of Section 428 of the Code of Criminal Procedure, 1973 was given to the appellant.

(2.) The prosecution version is that on 05.05.1992, at about 9:30 pm, Mahinder Gupta was driving his two wheeler scooter, on which he had a pillion rider. He was coming from the direction of Pataudi House and was at Koocha Chelan, near police booth Darya Ganj, Delhi. His scooter was being followed by another two wheeler scooter, which was allegedly driven by the appellant Jawahar Lal. According to the prosecution, Jawahar Lal's scooter hit the scooter being driven by Mahinder Gupta from behind and as a result of this collision both the scooters fell on the road. It is then that the appellant, all of a sudden, allegedly took out an ice-pick from the right pocket of his pants and shouted at Mahinder Gupta. It is alleged that the appellant Jawahar Lal uttered the following words:-

(3.) It is further alleged that two police officials, namely, PW5 Constable Suresh and PW6 Head Constable Harbans Lal had allegedly seen the occurrence from a nearby police picket and that the appellant Jawahar Lal was caught at the spot with the wooden handle of the ice-pick in his hand. As per the prosecution, PW6 Head Constable Harbans Lal informed the control room through wireless and the PCR van arrived at the spot and removed the injured Mahinder Gupta to hospital, where he was declared as having been brought dead. The Station House Officer, on coming to know of the incident, arrived at the spot where, he was informed that the injured had already been rushed to hospital. Consequently, the said Station House Officer went to hospital. He did not find any eye witness present in the hospital and thereafter, he returned to the spot. There, he recorded the statement of PW6 Head Constable Harbans Lal and during the course of recording of the said statement, it is alleged that the pillion rider of the scooter driven by Mahinder Gupta also arrived. The name of the pillion rider was Rakesh Kumar (PW1). It is alleged that a rough sketch was prepared at the instance of PW1 Rakesh Kumar in the presence of PW6 Harbans Lal. The ruqqa had been sent and the FIR was registered. The scooters were taken into possession and the appellant Jawahar Lal was arrested. The wooden handle of the icepick was also taken into possession. The scene of the crime was photographed and the dead body of Mahinder Gupta was sent for post mortem examination. Thereafter, the case property was sent to the Central Forensic Science Laboratory. The charge-sheet was filed against the accused.