DARSHAN SINGH Vs. STATE

JUDGEMENT

(1.) Darshan Singh son of Kartar Singh, the appellant herein has assailed the order of conviction and sentence passed by Addl. Sessions Judge dated 6th and 11/10/1976 respectively.

(2.) Darshan Singh s/o Shri Sunder Singh was an accused in another case under S. 304, I.P.C. The facts of that case were that in May, 1971, one Nagina Singh s/o Shri Ujagar Singh was killed and a case under S. 304, I.P.C. was registered against Mahinder Singh, P.W. 6, Darshan Singh S/o Lal Singh, P.W. 8 injured of that case, Joginder Singh, P.W. 11 son of injured Darshan Singh and Sudesh and Om Prakash sons of Balak Ram, P.W. 9 and one Subhash who came to attend the Court from the complainant's side in that case. All these were the accused in that case. The hearing of that case was over at about 11.45 a.m. and they came out from the Court and reached the stair case of the verandah. When they reached near the verandah, Chaman Singh, the accused in that case gave abuses and Darshan Singh retaliated and at that time Pyara Singh accused caught hold of Darshan Singh from his right arm and accused Darshan Singh s/o Sunder Singh caught hold of him from his neck. Ujagar Singh and Nirmal Singh also grappled with him stating that they would finish him that day and that time Darshan Singh s/o Kartar Singh accused took out the knife from the dub of his payjama and stabbed Darshan Singh in his chest. The present appellant Darshan Singh s/o Shri Kartar Singh was nabbed at the spot by the Head Constable, Naresh Chand, P.W. 7 who was working as Naib Court in the Court of Addl. Sessions Judge where the case under S. 304, I.P.C. was pending. The knife was snatched from the hands of the appellant. Other accused managed to escape but were arrested from near the Court room. Injured Darshan Singh was removed to the hospital. It was under these circumstances that the case against the appellant and others was registered under S. 307 read with S. 34, I.P.C.

(3.) On behalf of the prosecution number of witnesses were examined but the relevant witness on whom the Addl. Sessions Judge relied upon was that of Head Constable, Naresh Chand, who was working as Naib Court in the Court of Addl. Sessions Judge where the case under S. 304, I.P.C. was pending. The factum of relationship between Chaman Singh and Pyara Singh, Ujagar Singh and Nirmal Singh and Darshan Singh are not disputed while the appellant Darshan Singh, son of Kartar Singh was not related to other accused. The factum of the pendency of a Sessions case under S. 304, I.P.C. is also not disputed. It is also an admitted fact that the case was fixed on that day for evidence. It is also not disputed that H. C. Naresh Chand, P.W. 7 was working as Naib Court in the said Court of Addl. Sessions Judge. It is in the testimony of Naresh Chand, P.W. 7 that on hearing the noise he came out of the Court room and saw Darshan Singh s/o Kartar Singh present appellant stabbing Darshan Singh s/o Shri Lal Singh in his chest on the right side with a knife when the present appellant tried to run away, he caught hold of him and took away the knife from his hand. This deposition has remained unrebutted and uncontroverted on the record. To my mind, the Addl. Sessions Judge rightly placed reliance on his testimony. The Head Constable Naresh Chand was not related to anybody hence the Addl. Sessions Judge rightly came to the conclusion that P.W. 7 H. C. Naresh Chand had no axe of his own to grind. His statement is worthy of reliance. The minor discrepancies which have been pointed out are not such that it should vitiate his testimony which otherwise inspires confidence.