RAJENDER SINGH Vs. STATE OF DELHI

JUDGEMENT

(1.) Appellant Rajinder Singh was convicted by Shri R.P. Gupta Additional Sessions Judge under section 302 IPC for causing death of one Babu Ram on the night of 1st March, 1980. The conviction came to be recorded on 26th February, 1982 while the sentence order imposing life imprisonment was passed on 27th February. 1982. The aggrieved appellant has come up with this appeal against the aforesaid order.

(2.) Appellant along with one Dhillon Singh and Vivek were tried for offences under sections 302/20- B IPC. They had been charged of having conspired to rob and kill one Babu Ram who was running a shop near Shiv Mandir at Tilak Bridge. New Delhi. The prosecution case in short is that on 1st March 1980 at about 10.10. p. m. Babu Ram deceased accompanied by his brother Banarsi Dass P. W. 7 and his son Sushil Kumar P.W.6 were returning from their shop at Tilak Bridie. On their way the deceased and his brother went for urination to two different corner near the mosque. Sushil Kumar P. W. 6 kept standing at a little distance from them. Sushil Kumar P. W. 6 immediately thereafter saw a person approaching his father. In the beginning he thought that this gentlemen had also gone for urination but then he saw the accused inflicting a stab blow on the chest of his father deceased Babu Ram. He rushed towards his father and caught bold of the appellant with his arm but the appellant jerked himself free and succeeded in escaping along with two other persons who were waiting for him at a little distance towards the bridge. P. W. 7 Banarsi Dass is also supposed to have seen the incident After the accused escaped from the scene both Sushil Kumar and Banarsi Dass are said to have carried the deceased to the other side of the road and placed him on foot-path and then they carried him to the hospital but by the time (hey reached J. P. N. Hospital, Babu Ram was declared dead.

(3.) At that time the accused was said to have been residing in the police quarters situated in the premises of Police Station Tilak Marg. All of them were supposed to be friends and were facing acute shortage of money. It is alleged that the appellant had even enquired from Jagtar Singh P. W. 8 about 15 to 20 days prior to incident regarding the time at which the deceased used to close the shop.