YUDHVIR SINGH Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) The appellant Yudhvir Singh has been convicted by Court of Session for offence of murder under Section 302 Indian Penal Code and sentenced to life imprisonment, his brothers Dharamvir and Jasbir Singh have been convicted for offence under Section 323 and also Section 323 read with Section 34 IPCand another brother Ranbir Singh for offence under Section 323 read with Section 34 Indian Penal Code and they have been sentenced for different periods. Their father Hari Singh was acquitted of all the charges. All the four brothers have filed this appeal. Briefly, the prosecution case is as follows:- There was theft in the house of daughter of Hari Singh. The sons of Hari Singh suspected deceased Narender for the said theft. On 5th February 1986 there was a quarrel between sons of Hari Singh on one hand and Narender on the other. Accordingt Bhishamn Tanwar, the brother of Narender, at about 6.30 p.m. February 1986 he was in his house when he heard loud abusing voices and thereupon on coming out he saw that in the street near the Provision Store Hari Singh and his four sons Yudhvir, Ranvir. Jasbir, and Dharamvir were attacking his brother Narender with lathies. He intervened and rescued Narender from them. At that time Yudhvir Singh attacked Narender with knife and gave a knife stab on the chest, another stab on the stomach and third on left leg of Narender. Bhisham Tan war brought Narender to Safdarjung Hospital with the help of Ashok in a three wheeler scooter. ASI Niranjan Singh recorded the statement of Bhisham Tanwar in the hospital and came to the spot of incident and recorded his own comments below the statement of Bhisham Tanwar and sent it to the Police Station Naraina for ' registration of the case at 8.30 p.m. through Constable Jagidsh. After registration of the FIR the investigation of the case was assigned to Vijay Pal Singh, S.I. Narender expired that night. The injuries inflicted on Narender were sufficient to cause death in the ordinary course of nature. The main evidence on the basis of which the appellants have been convicted is that of Bhisham Tanwar (Public Witness -4) who according to the prosecution version was an eye witness to the incident of stabbing; the dying declaration made by Narender to his brother Raj Kumar(PW-S) to the effect that he was stabbed by Yudhvir Singh and recovery of knife at the instance of Yudhvir Singh which bore the same group of blood as that of the deceased.

(2.) In order to appreciate the contentions put forth in this appeal it would be useful to notice certain other facts as well. According to the case of the prosecution after Narender had been abbed by Yudhvir, his brother Bhisham Tanwar started bringing Narender towards Ring Road to get a three-wheeler scooter for hospital. Narender had to sometime sit and had to walk sometimes. On reaching near the shop of vegetable vendor Narender fell down in the street. Bhisham then came to Ring Road which was nearby and saw Ashok coming and he told Ashok as to what had happened and asked him to bring a three-wheeler scooter so that Narender could be taken to the hospital. Ashok went to the Ring Road to ge.t the scooter. In the meantime Raj Kumar (Public Witness .3) reached there. Bhisham Tanwar told Raj Kumar as to what had happened. Raj Kumar told Bhisham Tanwar to take Narender to the hospital and that he would fetch money from the house. Raj Kumar went towards the house. Ashok Kumar brought the three wheeler scooter. Raj Kumar returned with money. Bhisham Tanwar and Ashok took Narender to Safdarjung Hospital in a three wheeler and Raj Kumar came behind by another transport. They reached Safdarjung hospital at 7.45 p.m. and went to Emergency Ward and at that stage Raj Kumar also reached there. A Constable also came there. The doctor gave Bhisham Tanwar a slip and asked him to take it to the registration counter. Raj Kumar remained in Emergency Ward. Bhisham Tanwar returned aftergetting registration done and by that time ASI Niranjan Singh had come to the Emergency Ward. Narender was taken towards the Operation Theatre.

(3.) The Duty Officer of Police Station Naraina Was ASI Nafe Singh (Public Witness .12). He is stated to have received message from Police Control Room at 6.50 p.m. and entered in Daily Diary No.12(Ex.PW.12/A). PW-12 deputed ASI Niranjan Singh (PW.IO) and Constable Jagdish Prashad to go to the spot. Ex.PW.12/A,inter-alia, records that a message had been received from Public Call to the effect that sons of Hari Singh, the Nambardar had stabbed a boy near Pratap Tea Stall, Village Naraina Ring Road and some officials may be sent. The receipt of information from Police Control Room and time of departure recorded in Ex.PW.12/A is 6.50 p.m. According to ASI Niranjan Singh (Public Witness .10) he started for the spot of occurrence at 6.50 p.m. on receipt of copy of DD.No.l2A and reached near Pratap Tea Stall alongwith Constable Jagdish Singh and learnt that the injured had been taken to Safdarjung hospital. Leaving Constable Jagdish at the spot he went to the hospital where he found Narender admitted in an injured condition. PW.10 approached the doctor for recording the statement of Narender but the doctor opined that Narender was not fit to make the statement. Ex.PW.10/A is the application given by ASI to the Doctor ASI Niranjan Singh recorded the statement of Bhisham Tanwar Ex.PW.4/A and this was the basis of registration of the FIR. PW.10has deposed that after recording the statement of Bhisham Tanwar he came back to the spot and at the spot he recorded his endorsement Ex.PW.10/B below the statement of Bhisham Tanwar Ex.PW.4/A and from there he sent Constable Jagdish to the Police Ilstation for registration of the FIR. Soon thereafte r SI Vijay Pal (Public Witness .19) reached the spot and took over the investigation. PW.IO again went to the Safdarjung Hospital with PW. 19. PW.19 also met Bhisham Tanwar in the hospital and verified the facts. Thereafter, PW.10 and PW.19came to the spot, inspected the scene of occurrence and conducted investigation. At 7.25 a.m. on 7th February 1986 information was received from the hospital vide D.D. entry No.23.A that Narender had expired and then PW.19 and PW.10 went to the hospital and completed the formalities and the body was sent for post mortem to All India Institute of Medical Sciences. From the hospital these officials came to the house of Hari Singh and on way they met Bhisham Tanwar at the Ring Road and they were informed that the accused had gone to their house and so these officials arrested Hari Singh and his four sons. Their personal search etc was conducted. Yudhvir made a disclosure statement that the knife had been kept by him below two bricks at the roof of the house of his friend Dinesh. Yudhvir Singh led the police party including PW.4 to the said roof and produced knife from below the two bricks. The knife was taken into possession. The knife was foundo have some brown strains. Sketch of knife was prepared. The disclosure statement has been proved as Ex.PW.10/C.