RANDHIR SINGH Vs. STATE

JUDGEMENT

(1.) The appellants have preferred the present appeal to challenge the judgment of conviction dated 22.10.1997 and order on sentence dated 24.10.1997 thereby convicting the appellants to undergo imprisonment for life under Section 302/34 IPC and to pay fine of Rs. 500/- each and in default of payment of fine to further undergo simple imprisonment of three months each and to undergo rigorous imprisonment of one month each under Sections 323/34 IPC.

(2.) Brief facts of the case as set up by the prosecution are that the accused persons and the complainant side are resident of the Village Bakhtawarpur within the jurisdiction of Police Station Alipur. The accused persons and the complainant party are distantly related to each other. However, both the parties were having strained and inimical relations prior to the occurrence and were not on speaking terms. The accused Ramesh and accused Randhir Singh are brothers. On 29.05.1993 at about 8.40 p.m. complainant Subhash Chand and PW Satish were coming to Village Bakhtawarpur on a two wheeler scooter after meeting their sister at Village Jyonty. When they reached the bus stop, accused Sudesh asked Satish Kumar why they are not returning his money since several days. On this Satish paid Rs.250/- to accused Sudesh and demanded back the balance amount of Rs.20. On this accused Mukesh started abusing in the name of sister and pushed him. Accused Sudesh challenged him to do whatever he could and that he would not return him the balance. Subhash tried to intervene to reconcile the dispute. Thereafter accused Sudesh picked up a brick lying nearby and tried to hit that brick to PW Subhash. Subhash dived and saved himself from the brick blow. Accused Sudesh then brought a danda from a nearby Ravi Tent House and attempted to hit Subhash with that danda. Subhash got hold of that danda. Meanwhile co-accused Randhir Singh and Naresh Kumar came running to that place. They were armed with lathi. On reaching the spot, accused Randhir hit complainant Subhash with lathi on his head as a result of which Subhash fell down on the ground. When he tried to get up from the ground, Naresh gave him a lathi blow on his shoulder from the back side. During this period Satish got a chance to call Ajit, brother of the complainant Subhash Chand. Ajit reached at the spot and intervened in the matter to save Subhash from the hands of the accused persons. The accused Ramesh also reached there at the spot. Then the accused Randhir gave a lathi blow on the waist of Ajit. Accused Naresh caught hold of Ajit from his left side and accused Mukesh caught hold of Ajit from his right side and accused Ramesh grabbed Ajit from behind. Accused Randhir shouted and exhorted his son Sudesh by saying "MAAR SALE KO, JAAN SE KHATAM KAR DE." Thereafter, accused Sudesh took out a knife from the right side of his pant and stabbed Ajit on the left side of his chest, as a result of which Ajit fell down on the ground. Many persons of the village including one Sukhpal having his shop at Bakhtawarpur collected at the spot. The accused persons ran away from the spot after the occurrence. In the scuffle accused Mukesh, Naresh, Ramesh and one Asha who had reached at the spot also received injuries at the hands of Subhash and Satish when they tried to save themselves. Ajit was removed in a private Maruti Van to the Hospital at Azadpur. Dr.H.K.Khanna running in the name of Khanna Nursing Home at Sarai Peepal, Azadpur, Delhi medically examined injured Ajit and found no pulse or heart beatings and referred the patient to Hindu Rao Hospital. The injured Ajit was thereafter brought by the complainant and other persons in the said Maruti Van at Police Station Alipur. After getting the information about such occurrence Dharam Singh father of injured Ajit Singh also reached at the Police Station from the spot. At 9.30 p.m. the police of PCR van was informed by someone about the occurrence at the spot. Head Constable H.C. Jain Singh of PCR Van reached along with Driver and Constable and removed two male and one female that is, Ramesh, Naresh and Asha to Hindu Rao Hospital and got them admitted there. The intimation regarding the occurrence was also received by the lady Constable Pista Sharma at about 9.20 p.m. She passed on this information to Police Station, Alipur where DD No. 18A was recorded at about 9.25 p.m. ASI Balbir Singh along with Constable Vinod reached at the spot on the basis of DD No.18A. On reaching at the spot he came to know that the injured person had already been removed to the hospital. From the spot he left for the hospital via Police Station Alipur. On reaching PS Alipur he found injured Ajit Singh in a Maruti Van to have been brought by Subhash, Satish and Rakesh. Ajit Singh shifted from Maruti Van to the Police vehicle and was brought at Hindu Rao Hospital where he was declared brought dead by the concerned doctor on the MLC at 10.55. p.m. SHO/Inspector Gurmeet Singh of PS Alipur on getting the receipt of the information at wireless at about 9.30 p.m. also reached at the spot and from there to Hindu Rao Hospital. At the Hospital ASI Balbir Singh handed over to him the MLCs of Naresh, Ramesh, Subhash and Asha and that of the deceased. Inspector Gurmeet Singh recorded the statement of complainant Subhash and made his endorsement over the same and got the present case registered by sending Rukka through Constable Ravinder Singh. Inspector Gurmeet Singh also recorded the statement of Rakesh and Satish at the Hospital. He arrested accused Naresh, Ramesh and Sudesh at the Hospital and conducted their personal searches and prepared their personal search memos. The dead body of the deceased Ajit was got sent through Devender Kumar of mortuary. From the hospital Inspector Gurmeet Singh along with his police staff reached at the spot and recorded the statement of one Sukhpal. He prepared the site plan at the pointing out of Sukhpal. On 30.05.1993 he conducted the inquest proceedings on the dead body of the deceased and prepared his inquest reports and brief facts. Post mortem on the dead body was conducted by Dr.Ashok Jaiswal on 30.05.1993 at about 12.30 p.m. Two injuries were found on the dead body of the deceased which were opined to be anti mortem in nature. Injury No.1 was opined to have been caused by sharp edged weapon. Injury No.1 was opined to be sufficient to cause death in the ordinary course of nature. Death in this case was opined to be due to haemorrhage shock consequent to injuries. Time since death was opined to be about 15 hours. The doctor who had conducted the post mortem preserved the blood sample and the clothes of the deceased and handed over the same to the police. The accused Sudesh was interrogated at the police station and his disclosure statement was recorded. He disclosed to get the weapon of offence recovered but despite efforts no weapon of offence could be recovered by the police. On 31.05.1993 accused Mukesh was arrested and his personal search was conducted. Thereafter, accused Randhir surrendered himself in the court and he was arrested there by the police. During the investigation of the case, IO collected the MLCs of Naresh, Ramesh and Subhash. Injuries on the person of Naresh and Ramesh were opined to be simple. Injuries on the person of Subhash were also opined to be simple. Injuries on the person of Mukesh are opined to be grievous by the concerned doctor. During the investigation of this case, IO got sent the sealed pulandas of this case to CFSL, Lodhi Road and thereafter collected the CFSL reports. IO recorded the statement of concerned witnesses at the different stages of investigation and after completion of the investigation filed the challan against the accused persons for the commission of offence punishable U/s 302/308/34 IPC in the court of Ld. Metropolitan Magistrate, Delhi. After complying with the provision of 207 Cr.P.C. the Ld. Metropolitan Magistrate committed the case to the Court of Sessions. The charges were framed under Section 302/308 read with Section 34 IPC against all the accused persons. All the accused persons pleaded not guilty and claimed trial.

(3.) To prove the said charges against the accused persons the prosecution had examined 22 witnesses, which includes three eye witnesses. Learned Sessions Judge recorded the statement of all the accused persons under Section 313 Code of Criminal Procedure and all the accused persons had denied the allegation of the prosecution in their respective statements. The accused Randhir Singh in his statement under Section 313 Cr.P.C. took a stand that the deceased Ajit had trespassed into their house and had caused injuries to the inmates. He also stated that neither he nor his son Sudesh were present in the house at the time when Ajit had criminally trespassed into their house. He also stated that the deceased Ajit had received injuries when he had trespassed in their house. Similar is the defence raised by the accused Naresh Kumar and other accused persons as well. However, no defence evidence was adduced by the accused persons.