JEEWAN DASS Vs. STATE

JUDGEMENT

(1.) The appellant before the Court, Jeewan Dass was charged with the offence of murdering Roshan Lal on 23rd January, 1977. The appellant has been convicted under Section 304 Part I, Indian Penal Code and has been sentenced to imprisonment for life per judgment of Shri N.L. Kakkar, Additional Sessions Judge, Delhi.

(2.) In support of the appeal, we have heard Mr. S.K. Aggarwal, Advocate appearing as amicus curias and the learned Standing counsel for the State. We have been taken through the records of the case. We have examined the evidence and the circumstances of the case.

(3.) The prosecution case is a simple one. On 23rd January, 1977, the accused and the deceased were walking near each other in a Gali situated near the crossing of the Police Chowki and Qutab Road. This gali is situated in Chinot Basti, Lachhman Puri. It appears that the shoulder of the deceased struck the accused Jeewan Dass and at that time the maker of the first Information Report Shri Beer Karan was about 25 yards behind. On the striking of the shoulder of Roshan Lal against Jeewan Dass, the latter abused Roshan Lal with the result that Roshan Lal gave the accused a slap. One Om Prakash intervened to separate them. Jeewan Dass said that he will see him and is stated to have entered a house from where he brought a knife. Jeewan Dass trust this knife into the thigh of Roshan Lal; blood gushed out from the wound and Roshan Lal tortered and fell down and died. Beer Karan and Om Parkash overpowered Jeewan Dass along with his knife. In the meantime, a Sub-Inspector of Police reached the spot. It further appears that Shri B. K. Gupta, Sub-Inspector of Police was on patrol duly not far away. On receiving the information he reached the spot where Beer Karan produced Jeewan Dass and the blood stained knife. It was Shri B.K. Gupta who recorded the statement of Beear Karan which has formed the subject of the First Information Report.