GUJRAJ Vs. STATE

JUDGEMENT

(1.) On May 28, 1980, an Additional Sessions Judge, Delhi (Shri P.K. Jain, convicted the appellant in respect of commission of an ofTence of murder of Nathan Singh punishable under Section 302 Indian Penal Code and sentenced him to undergo imprisonment for life. Nathan Singh deceased had 5 sons, one of whom is Bhim Singh (Public Witness 1) The deceased and his 5 sons were living together in house No. D-583, Jor Bagh, Tri Nagar, Delhi. Appellant was residing in a house No. 1849, Jor Bagh, Tri Nagar, Delhi, which was just opposite with one street intervening to the house of Nathan Singh, deceased.

(2.) The case of the prosecution is briefly as follows. The appellant was addicted to charas and drinking liquor. Nathan Singh deceased used to admonish the appellant and would ask the latter to desist from his bad habit of drinking etc. The appellant started bearing grudge against Nathan Singh.

(3.) On December 8, 1978 at about 9 p.m. Nathan Singh was sleeping on a cot in his room. The light of the room was on. The appellant brought a phawra and gave blows on the forehead of Nathan Singh on account of which there was shrieking. Bhim Singh one of the sons and Subhash, grandson of Nathan Singh were sitting in a adjoining room. On hearing the shrieks of Nathan Singh, they immediately rushed to the room where the deceased was sleeping. They found that the appellant was giving successive blows on the head of Nathan Singh with phawra. Both Bhim Singh and Subhash (Public Witness 6) became terrified on noticing the aforesaid occurrence. They slightly retreated. In the meanwhile the appellant rushed outside the gate along with phawra. Then Bhim Singh and Subhash chased the appellant and also raised the alarm, "Pakro, Pakro". Meanwhile Bhule Ram (Public Witness 8) and Rajinder Singh (Public Witness 7) reached over there. The appellant, however, had entered into his house and bolted the door from inside. Bhim Singh and Subhash etc. knocked at the door but there was no response. The Subhash and Bhim Singh jumped into the house of the appellant after scaling the low wall adjoining the door and apprehended the appellant who was present near the outer door. Bhule Ram and Rajinder Singh who were standing outside also entered the house because Bhim Singh had opened the door. Appellant was entrusted to the custody of Bhule Ram and Rajinder Singh. Bhim Singh went to the room in which his father was and he found that his father was dead.