GURCHARAN SINGH ALIAS BILLA Vs. STATE

JUDGEMENT

(1.) On May 29, 1982 Shri R. C. Jain, Additional Sessions Judge, Delhi convicted the appellants Gurcharan Singh alias Billa and his two sons Kuldip Singh and Attinder Singh in respect of commission of offence punishable under Section 302 read with Section 34 Indian Penal Code . on account of murdering one Kuldip Singh son of Gurmukh Singh (hereinafter referred to as deceased) at Basti Harphool Singh in the evening of May 1, 1979. He 'also convicted the aforesaid appellants except Attinder Singh under Section 27 of the Arms Act. On the same date, on charge of murder, by means of a separate order, each of the aforesaid appellants was sentenced to undergo imprisonment for life and also to pay a fine of Rs. 1000 in default of payment of which to undergo simple imprisonment for a period of three months. Further, Gurcharan Singh and Kuldip Singh appellants were awarded sentence of rigorous imprisonment for two years for the offence punishable under Section 27 of the Arms Act. The present appeal is directed against the aforesaid convictions and sentences.

(2.) Briefly, the version of the prosecution is as under. The appellants are carrying on the business of a small restaurant under the name of Bakshi Hotel situated in a street abutting Sadar Thana Road in Basti Harphool Singh. Inimical relations existed between the appellants on the one hand and the deceased and his brothers on the other hand. On December 27, 1978 the appellants lodged a report (F.,I.R.No. 1204 of P. S. Sadar Bazar) under Section 307 Indian Penal Code . against the deceased and his brothers Inder Singh, Narinder Singh and Avtar Singh. On the basis of that report (copy Ex.PW 1O/A) a case is pending trial in a court.

(3.) A day before the occurrence i.e. April 30, 1979 Gurcharan Singh appellant lodged a report expressing apprehension of danger to his life from Kuldip Singh (new deceased) son of Gurmukh Singh and his brothers which was recorded at serial No. 17-A of the daily diary. S. 1. Jagbir Singh (Public Witness 19) was entrusted with the investigation at 6 p.m. on April 30, 1979 itself. He went to the house of the deceased and his brothers on that as well as following day but they were not available and ultimately roceedings, under Section 107 read with Section 151 Cr. P.C. were started.