MOHAN SINGH Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Mohan Singh (A-1), Kalyan Singh (A-2) and Gopal Singh (A-3) were arrested in case FIR No.109/1995, Police Station Paschim Vihar for committing offences punishable under Section 304/279/34 IPC. The case was registered on Paramjit Singh's statement (Ex.PW-15/A). He disclosed to the police that on 19.02.1995 at about 06.30 P.M., the bus No.DL-P-6655, in which they were travelling, reached near Peeragarhi Chowk, Rohtak Road, a tempo bearing No.DL-ILA-3544 overtook the bus from wrong side and hit it. The tempo halted at the red light, Peeragarhi Chowk. He, his father-Trilochan Singh, Manoranjan Singh and Gurjeet Singh alighted from the bus and enquired from the driver as to why he was driving the tempo in a rash manner and advised him to drive the vehicle with care. He further disclosed that when his father Trilochan Singh was talking while standing near the cleaner side of the bus, two occupants in the tempo pulled him inside the tempo and speed up towards Mangolpuri. They chased the tempo and when it reached at some distance away at flyover, Trilochan Singh was thrown out of the tempo and the tempo driver fled the spot. A-1 to A-3 were apprehended after some chase. Manoranjan Singh took Trilochan Singh to Jaipur Golden Hospital where he was declared 'dead on arrival'. Rs. 20,000/- were found missing from deceased's pocket.

(2.) During the course of investigation, the police conducted postmortem examination of the body. Statements of witnesses conversant with facts were recorded. The vehicles were seized and got mechanically inspected. After completion of investigation, A-1 to A-3 were chargesheeted for committing offences described previously. The prosecution examined 20 witnesses to prove the charges. By the impugned judgment all the three appellants were held perpetrators of the crime and sentenced.

(3.) From the inception prosecution case was that Trilochan Singh was pulled inside the tempo and after covering some distance, he was thrown out on the flyover. It is relevant to note that there was no direct evidence to prove as to how and under what circumstances Trilochan Singh was thrown out of the tempo and if so, who gave the push. The accused had no acquaintance with the deceased or with other passengers in the bus. They had no prior animosity. Tempers ran high over trivial issue when A-1 (tempo driver) overtook the bus in which deceased and other passengers were traveling. The tempo had slightly touched the bus when it stopped at red light near Peeragarhi Chowk. Passengers in the bus including Trilochan Singh alighted and confronted A-1 as to why he was not driving the tempo properly. There was no ulterior motive for the accused to pull Trilochan Singh inside the tempo and to throw him out of the running tempo after some distance to cause harm to him. The prosecution witnesses have given inconsistent and contradictory statements as to how Trilochan Singh was pulled inside the tempo and was taken away. PW-15 (Paramjit Singh) made vital improvements in court statement and was duly confronted with his statement (Ex.PW-15/A) where material facts introduced for the first time were not stated. It does not find mention in Ex.PW-15/A that his father was thrown out of the tempo or that the tempo came in front of the bus from wrong side by overtaking. In the cross-examination, he admitted that he had not seen the two other occupants in the tempo. He further admitted that he had not stated in his statement (Ex.PW.15/A) that two persons came down from the tempo and thereafter pulled his father inside the tempo. When he was asked whether he made any efforts to stop the accused persons from pulling his father into the tempo, he replied in the negative. He again said that he could not reach the spot when his father was pulled. The prosecution has failed to reconcile the two contradictory versions. At first instance, the witness claimed that he along with his father and other passengers had reached to the tempo and had confrontation with the driver. However, subsequently, he changed the version and stated that he was at a distance when his father was taken in the tempo and he could not intervene. PW-7 (Manoranjan Singh) did not depose that any occupant of the tempo had got down to pull Trilochan Singh inside the tempo. He contradicted PW-15 (Paramjit Singh) and stated that he, PW-6 (Gurpal Singh), PW-15 (Paramjit Singh) and other passengers had conversation with the driver of the tempo. PW-1 (Gurjeet Singh) merely stated that he and Trilochan Singh had conversation with the driver and advised him to drive the tempo with care and that he started abusing Trilochan Singh. He further introduced a new story that A-2 and A-3 had scuffle with Trilochan Singh and thereafter, he was pulled inside the tempo. Due to material discrepancies emerging in the statement of PWs 1, 6 and 15 as to who had confrontation with the driver; whether Trilochan Singh was pulled inside the tempo and if so, by whom, the Trial Court, in the impugned judgment did not believe the prosecution version as presented. It noted down various contradictions and improvements. It is relevant to note the following findings in the judgment:-