BACHITTAR SINGH SANTOKH SINGH Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) Hominibus plenum, amicis vacuum (full of men, empty of friends) rings true of House No. 207/15, Prakash Mohalla, Garhi, Lajpat Nagar and some of its residents. Karan Singh is its owner. He lives in the ground floor with his wife Resham Kaur and son Tariochan Singh. His eldest son Bachittar Singh lived with his family on the first floor, while Gurpal Singh. the other son sired by him, had gone to Dubai to dig gold. His wife's name is Ravinder Kaur At the ripe age of sixty-four and with grown up children well-settled in their avocations, one expects a life of contenment with an aura of sang froid However, for Karam Singh it must have been a dream shattered We find him in trouble a capite ad calcem. He was at daggers drawn with Bachittar Singh. Loxe bad given way to acrimony. There were frequent quarrels, complaints to the police and even litigation. The bone of contention was the first floor Whereas Karam Singh wanted Bachittar Singh to vacate it, Bachittar Singh would not oblige. His wife's brother Santokh Singh was always available at his elbow to lend him a helping hand. As per the prosecution he was there on August 8, 1984 also when yet another quarrel had taken ploce and Santokh Singh bad refused to remain a mute spectator. Resham Kaur was the victim. She was insulted and beaten. None could probably foresee that the incident had dug the grave which was to take into its icy embrace Gurpal Singh hardly alter a little more than two months, that is, on October 22, 1984 Gurpal Singh came from Dubai on October 12, and landed in his father's house, ironically to enjoy three months holidays. On October 22. 1984 at 7.30 pm Gurpal Singh asked Santokh Singh as to why he had .beaten his mother Resham Kaur on. August the 8th. This sparked off an exchange of abuses between the two. Unfortunately, the things did not rest there. Santokh Singh rushed upstairs and into the flat of Bachittar Singh onlto return after a short while. This time he was accompanied by Bachittar Singh. Both were raising lalkaras. Santokh Singh secured Gurpal Singh while Bachittar Singh took out out a sharp edged object from his right dab and stabbed him thrice Resham Kaur tried to intervene but she too was injured. Soon thereafter Bachittar Singh and Santokh Singh made good their escape. Gurpal Singh was taken to the hospital by his parents where he was declared dead. On examination of his mortal remains. Dr. GK Chaubay (Public Witness 19) noticed three incised wounds. The first was 1.9 cm X 0.5 cm and was located 17 cm below left shoulder going deep into upper lobe of left lung. Its approximate depth was 7 cm. The second was on the left chest 2 cm below the left nipple, 9 cm lateral to midline, in the mid clavicular line. Its size was 2 X 1 cm. It had gone deep, into the heart cavity. The third was 2 X 1 cm. It was 14.5 cm below the right nipple and had gone upward and medially to the 6th rib. Its depth from wound to the 6th rib was 5 cm. All these injuries were ante mortem. They were found to have been caused by some shard edged weapon. It was opined (Ex. Public Witness 19/A) that the death was due to injuries No. I and 2 which were sufficient to cause death, in the ordinary course of nature, individually as well as collectively.

(2.) This, then. is the summum bonum of the prosecution case. However, a few more things need to be noticed at this stage. Admittedly Bachittar Singh and Santokh Singh bad also reached the hospital where they too, like Resham Kaur, were medically examined. Their medico legal reports are Exhibits Public Witness 18/C, PW-18/D, and Public Witness -18/B respectively. While Bachittar Singh was found to have a simple blunt injury on his left thumb, Santokh .Singh had a cut injury 1" X 1/2" on his left thumb. Coming to Resham Kaur, she was found to have a superficial abrasion on the upper part of her abdomen.

(3.) Bachittar Singh and Santokh Singh have their own version. They have painted Karam Siagh in the darkest hues. If they are to be believed, Karam Siogh is a man endowed with criminal propensities - a womaniser, a previous convict, quarrelsome, and greedy. Both of them say that it was actually Karam Singh who bad committed the 'murder. It is claimed that Gurpal Singh wanted to construct his factory and had demanded the money advanced by him to his father and it was because of this that he was murdered. As per them they had come to the ground floor from the flat on the first floor on hearing the shrieks of Ravinder Kaur wife of Gurpal Singh and had seen Karam Singh in the room of Gurpal Singh armed with a dagger, Bachittar Singh says (under Section 313 Criminal Procedure Code .) that his mother bad also entered the room alongwith them and was given a push by Karam Singh causing injury to her and that he and Santokh Singh too had sustained injuries at the hands of Karam Singh while trying to apprehended him. They claim that they were the persons who had taken Gurpal Singh to the hospital and that Karam. Singh had reached there of his own, and had got them falsely implicated.