PREM SINGH Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) Appellant Prem Singh s/o Mannu Singh, resident ofE-083, Jahangir Puri stands convicted for the offence under Section 302 read withSection 34 of the Indian Penal Code and is sentenced to suffer imprisonment forlife by the Additional Sessions Judge of Delhi in Session's case No. 429/88 on 23/09/1988.

(2.) . The case of the prosecution is that one Ashok had fired at Lakshmi KantTiwari some days prior to the incident in question which took place on 7/10/1986 at about 5.15 a.m. Shri Lakshmi Kant Tiwari had a suspicion thatdeceased Jagatbir Singh was helping Ashok. Therefore,on 4/10/1986 Lakshmi Kantiwari had told Jagatbir Singh's brotherP.W.7 Munni Dev that the activities of deceased Jagatbir Singh in helping ofAshok were not at all proper and if he continued the same they would have avery bad result.

(3.) . On 7/10/1986 at about 5.15 a.m. Jagatbir Singh was going alongwith his brother, Public Witness 7, Munni Dev in order to attend his duties in AyodhyaTextiles Mills. When they were so going on Bhagat Singh Road and had reachednear fodder shop in Kewal Park, the accused, Lakshmi Kant Tiwari and oneBharmanand came there and they detained Jagatbir Singh and Lakshmi KantTiwari asked Jagatbir Singh as to why he was helping his enemies Ashok andSudhir and gave abuses to him. Jagatbir Singh denied his allegations that he washelping his enemies Ashok and Sudhir. Thereupon Lakshmi Kant said that hemust be finished. Thereupon accused Prem Singh caught hold of Jagatbir Singhand Lakshmi Kant took out a knife and started giving blows of the same toJagatbir Singh. Bharmanand took out revolver and prevented P.W.7 Munni Devfrom helping his brother. After attacking Jagatbir Singh all the three assailantstook to their heels and started running away. When Public Witness 7, Munni Dev triedto chase them, Bharmanand fired a shot at him and thus they managed to runaway.