ZILE SINGH Vs. STATE OF DELHI

JUDGEMENT

(1.) IN this appeal, the correctness of the judgment and order of the Additional Sessions Judge dated 21-01-2012 in SC. No. 64/2010 convicting the present appellants, Zile Singh and Shahid, for the offences punishable under Sections 307/302/24 IPC has been questioned. The appellants were convicted of the offences and were sentenced to undergo imprisonment for life; they were also sentenced to undergo other prison terms; besides they were directed to pay fine. All the sentences were to operate concurrently.

(2.) THE prosecution allegations in brief, are that one Rahim who later succumbed to knife injuries- and his brother PW-3 Bilal were attacked grievously by the present appellants as well as other co-accused, Deepak, and Channo. It was alleged that the police received information on 19-05-2010, after 10:30 PM, upon which the PCR vehicle reached the spot, at H.No. 63, Gali No. 6, opposite Railway line, rickshaw garage Jawalae Nagar. It was alleged that the PCR van went to the spot with PW- 17 and others. THE injured were taken to the hospital i.e. the Dr Hedgewar Memorial hospital. THE prosecution alleged that PW-3 Bilal made a statement to the police which formed the basis of the first information report i.e. 101/2010 dated 19-05-2010. According to the statement i.e. PW- 13/A, one Sonu used to live near the witnesses' house. On the day of the incident, the witness was at home. Around 10:30 PM at night, he heard some commotion outside upon which he went out. A large crowd had gathered there. THEre was darkness all-around; he claimed that someone caused injury to his right finger as well as the back of his palm and shoulder. He thereafter lost consciousness. In the statement he mentioned that Zile Singh used to visit the house of Sonu and that two weeks ago there was a quarrel between his brother and Shahid with regard to some money transaction. On 19-05-2010 i.e. date of the incident the two appellants, along with Chanoo and Deepak went to the house of the deceased. Zile Singh allegedly said "Pakro salon ko. Aj Zinda Bach ke na jayen" ("Catch hold of them and see that they do not return alive"). PW-3 is also alleged to have said that thereafter Chunnu caught hold of him and his brother was caught hold of by Deepak. Zile inflicted knife injuries on Rahim and Shahid attacked him with his knife. Rahim sustained serious knife injuries on the stomach, head and legs.

(3.) IT was urged that the Trial Court fell into grave error in trying to use the testimony of PW- 17 who was not an eyewitness, to fill in the lacunae created in the prosecution story on account of PW-3's refusal to confirm the statement attributed to him, under section 161 Cr. PC. IT was submitted that PW- 17, the police constable reached the spot after the attack. Even though he deposed that PW-3 and the injured were taken by him to the hospital, he actually improved upon the statement recorded during the investigation. Learned counsel emphasized that the Trial Court concluded that this witness had in fact been told by the deceased Rahim as was PW-3 about the sequence of events which led to the attack, and revealed the identity of the accused. Learned counsel emphasized again that when PW-3 the alleged eyewitness himself did not support the prosecution story and did not even mention about PW- 17 or his being told by Rahim about the names of the attackers, there was no question of accepting the testimony of PW- 17, and treating Rahim's statement to him as a dying declaration, which ultimately turned out to be the sole basis for the conviction of the appellants.