ISHWAR SINGH Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) This appeal is directed against the judgment dated April 7, 1982 of Shri P. K. Bahri, Additional Sessions Judge, Shahdara Delhi by which he has found the appellant Ishwar Singh guilty of offence under Section 302 Indian Penal Code . and sentenced him to undergo imprisonment for life. The appellant along with one Mangat Ram were tried for an offence under Section 302/34 Indian Penal Code but the learned trial judge acquitted Mangat .Ram for the reasons mentioned in his judgment. Since there is no acquittal appeal we are not concerned with Mangat Ram.

(2.) We may give a brief resume of facts that led to the prosecution of the appellant and Mangat Ram. Prosecution case is that deceased Sukh Dayal and his wife Ram Piari were residing as tenants of one Dittu Ram in House No. 2790, Lane No. 6-B, Raghvilpura No. 2. Mangat Ram acquitted accused is the son of landlord. Appelant was also residing in the same lane just opposite the house of Dittu Ram. It is said that Dittu Ram wanted the deceased to vacate the tenanted premises.

(3.) On 5th of August 1980 at amount 4 p.m. while the deceased Sukh Dayal and his wife Ram Piari Public Witness -6 were present in their room both the accused are stated to have come there and asked Sukh Dayal to come out. After Sukh Dayal deceased came out of his room the appellant Ishwar Singh @ Baa asked Sukh Dayal deceased whether he would vacate the house or not and while this, was going on, Ram Piari Public Witness -6 also came out and told them that they would vacate the house. Thereafter Ishwar Singh appellant is stated to have stabbed Sukh Dayal deceased with a knife like thing in the chest. Public Witness -8 Shiv Dayal brother of deceased Sukh Dayal is stated to have arrived at the scene and he is also said to have seen the appellant Ishwar Singh stabbing the deceased. An attempt was made by Shiv Dayal Public Witness -8 to catch the accused but the accused managed to escape. The deceased Sukh Dayal fell in the lane. Ram Piari tried to stop the bleeding of deceased by putting a cloth bag on his wound and then both of them removed the deceased to J.P.N. Hospital. On their way to J.P.N. Hospital in a three-wheeler scooter Sukh Dayal deceased is said to have succumbed to the injuries and he was declared dead at the hospital as per casualty slip Ex. Public Witness 71A6. It is also said that meanwhile police control room had transmitted the message to the police station Gandhi Nagar which was recorded at 4.40 p.m. at Serial No. 42-B by Public Witness -9 constable Satpal wherein it was mentioned that a quarrel has taken place at lane No. 6 Raghvirpura No. 2. A copy of this report marked Ex. Public Witness 2 A was handed over to ASI Ram Murti Public Witness -14 for spot inquiry. ASI Ram Murti accompanied by constable Anand Singh Public Witness -2, Prem Kumar, Devinder Kumar and Dara Singh immediately thereafter went to the scene whe. e he learnt that the injured had already been removed to the hospital. He thereafter leaves behind three constables at the scene of occurrence and accompanied by constable Anand Singh rushes to JPN Hospital where he meets Ram Pari. In the hospital Ram Piari, Public Witness -6 made the statement Ex. PW6(A before Ram Murti ASI and on the basis of this statement FIR No. 1218180, Police Station Gandhi Nagar was brought into existence. A copy of this FIR was admittedly received by the local magistrate at ICT.15 a.m. on 6th of August 1980. After recording the statement of Ram Piari, Public Witness -6 in the hospital and after forwarding the same to the police station for registration of FIR, ASI Ram Murti returns to the scene of occurrence and conducts further investigation of the case. Apart from getting the site photograph he also lifted blood, bloodstained earth and control earth and a cloth bag P-6 stained with blood and prepares' the seizure Memo Ex. Public Witness 7jA4 in the presence of constable Anand Singh and Roop Chand Public Witness -13. He also prepares the site plan Ex. Public Witness 141A at the instance of Shiv Dayal. On the following day i.e. on 6th of August 1980 he prepares the inquest papers Ex. Public Witness 7jAI, A2, A3 and A5. The dead body was identified by Shiv Dayal brother of the deceased and Chander Bhan PW-12 and the post-mortem of the dead body was conducted by PW-7 Dr. Bishnu Kumar at 10.30 a m. on 6th of August. Public Witness -7 on conducting the post-mortem of the deceased found the following injuries on the person of deceased :