DAL CHAND ALIAS DALIA Vs. STATE

JUDGEMENT

(1.) The appellant has been convicted by an Additional Sessions Judge, Delhi, of an offence under Section 302, Indian Penal Code, for having committed murder of one Balwant Siogh, a military personnel by intentionally/knowiagly causing, his death on 21st April, 1975 vide judgment dated 22nd February, 1977. He has also been convicted of an offence under Section 324 read with Section 34, Indian Penal Cods, for the injuries inflicted on the person of Bhim Singh by his associate Inderjit Singh. Further he has been convicted of an offence under Section 324 read with Section 34, Indian Penal Code, on account of his associate Dalip inflicting injuries on the person of Ami Chand and other military personnel at the same time and date. He has been sentenced to imprisonment for life on the first count and rigorous imprisonment for one. year on each of the other two counts. However, all the sentences have been directed to run concurrently. Feeling aggrieved he has preferred this appeal.

(2.) Tile prosecution version as unfolded by Gopi Ram, Public Witness 1, succinctly is that he had developed acquaintance/friendly relation with Ami Chand, Public Witness 10, a military personnel stationed at Military camp Anand Parbat (for short Military Camp) because both of them happened to be devotees of Goddess Vaishno Devi and they used to meet quite often at Jagrans (recitation of religious songs in devotion to Goddess daring whole of a night). Ami Chand would even call upon him (Gopi Ram) at his residence. at Bapa Nagar off and on. On the fateful evening of 21st April, 1975, Ami Chand alongwith his fellow military-men Bhim Singh, Balwant Singh, K. J. John, Gurmit Singh, Bhanwar Singh and Lakhi Ram had gone to Karol Bagh for shopping at what is called Somwar Bazar (Monday market). While they were returning from the Bazar they happened to meet Gopi Ram at his residence and the latter entertained all of them to tea and snacks. Thereafter, they left the house of Gopi Ram at about 8.30 P.M. and proceded towards the Military Camp via Arya Samaj Road. They had hardly covered a distance of about 20125 paces when the appellant and his companions Inderjit @ Billa, Dalip Sethi and one more person, namely, Sunil, all of whom were armed with knives accosted them proclaiming that "you have not stopped visiting the Mohalla (locality), we shall see today that you no longer visit the Moholla." Saying so they opened an attack on the military personnel mentioned above. Balwant Singh, who happened to be ahead of all of them was attacked by Dal Chand, appellant, who inflicted stab injury on the leftside of the abdomen of Balwant Singh with a double edged sharp weapon. He also caused injuries on the buttock of Balwant Singh with the knife. When his companions tried to intervene and rescue him, Inderjit Singh accused gave a knife blow to Bhim Singh Pathania which hit him on the upper part of the chest at the root of the neck. Further Dalip dealt a knife injury on the arm of Ami Chand. The military personnel tried to apprehend the assailants but all of them managed to escape. Gurmit Singh, Public Witness 11, and K. J. John, Public Witness 23, who helped Balwant Singh who was in a bad shape and removed him to Medical Inspection Room in the Military Camp. The other injured persons were also taken to the Military Camp. From there all of them were removed by the military people, namely. S/Shri Dr. Rakesh Mehta, Public Witness 8 and Subedar Major Mool Chand, Public Witness 9, etc., Balwant Singh was declarfed dead by Dr. K. M. D.Rao of Military Base Hospital (Public Witness 3). The other two injured persons were likewise medically examined and were found to have sustained incised wounds.

(3.) It is further the case of prosecution that Sub-Inspector Rattan Lal, the then Incharge Police Post Tank Road under the Police Station Karol Bagh (Public Witness 33), happened to be on patrol alongwith Dhan Singh, Constable. When he reached Military Road he learnt about this occurrence and recorded statement, Ex. Public Witness HA, of Gopi Ram on the basis of which formal first Information Report was recorded and a case under Sections 147, 148, 149 and 307 read with Section 34, Indian Penal Code, was registered against the 'appellant and his accomplices. Later on the offence under Section 302 read with Section 149, Indian Penal Code, was added thereto on receipt of information about the death of Balwant Singh.