CHANDER PAL SINGH Vs. STATE OF DELHI

JUDGEMENT

(1.) THE appellants Chander Pal Singh and Angrej Singh by the impugned judgment dated 19th August, 1998 stand convicted under Section 302 of the Indian Penal Code, 1860 (IPC, for short) for murder of Harvinder Kataria on 13th May, 1994 at about 9.30 P.M. According to the prosecution, Chander Pal Singh had inflicted injury on the chest of the deceased with a kripan, while Angrej Singh, the conductor restrained him on bus No. DL 1P 2941. Angrej Singh has been convicted by applying principle of common intention as per Section 34, IPC.

(2.) AS far as involvement of the two appellants is concerned, we are satisfied with the reasoning and the findings recorded by the trial court. Rajesh Kumar (PW -1), brother of Harvinder Kataria has implicated both the accused though the roles and acts assigned were different. In his court deposition, PW -1 has stated that on 12th May, 1994 at about 9.30 P.M., Harvinder returned home and apprised them about the quarrel with the bus conductor bus No. DL 1P 2941 on route No. 851. Similar statement has been made by another brother of Harvinder, namely, Vishal Kataria (PW -3). PW -3 has deposed that the cause of quarrel was "buying of ticket". PWs 1 and 3 have stated that on 13th May, 1994, they alongwith Harvinder and a friend Satwant, had gone to Tagore Garden bus stop at about 8.30 P.M. and waited for the bus in question. PW -1 accompanied Harvinder upon his insistence that he wanted to teach the bus conductor a lesson. According to PW -1, at 9 or 9.15 P.M. and as per PW -3 at 9.30 P.M., Harvinder signaled the bus in question to stop. As per PW -1, deceased Harvinder and Vishal boarded the bus from the rear gate and Satwant entered from the front gate. PW -3 has deposed on similar lines. Rajesh Kumar (PW -1), however, stood outside the bus near its rear gate. PWs 1 and 3 identified the conductor as the appellant Angrej Singh. There was an altercation between the deceased and Angrej Singh. Following this Angrej Singh caught hold of the deceased and called out to Sardar. Appellant Chander Pal Singh came armed with a kripan and inflicted a blow on the left side of the chest of Harvinder. PW -1 has stated that Harvinder upon deboarding the bus, fell on the ground. Satwant rushed to the rear of the bus and pushed appellant -Chander Pal Singh out. PW -1 and Satwant over -powered Chander Pal Singh, while he was still holding the kripan. Angrej Singh, however, managed to flee from the spot. Vishal took deceased Harvinder to DDU Hospital. PW -3 has stated that after Chander Pal Singh had stabbed Harvinder, Angrej Singh left Harvinder and thereupon Harvinder came down from the bus. PW -3 thus deposed on similar lines as PW -1. PW -3 took Harvinder to DDU Hospital in a rickshaw where he was declared brought dead. There are minor and insignificant contradictions in the statements of PWs 1 and 3 as to the actual involvement of the two appellants in the said incident, but these do not dent the core version of the two eye witnesses.

(3.) ANGREJ Singh, as noticed above, had escaped from the spot as per the statements of PWs 1 and 3. Appellant Chander Pal Singh was, however, detained at the spot and subsequently arrested by the police as is clear from the testimonies of Constable Satbir Singh (PW -10), Constable Narender Kumar (PW -14) and Inspector Raj Kumar (PW - 15).