NAZAR MOHD Vs. STATE OF DELHI

JUDGEMENT

(1.) Nazar Mohd. @ Hanuman has filed this appeal aginst hisconviction under Section 326, Indian Penal Code, vide judgment dated 13.10.1976and sentence to R.I. for two years with a fine of Rs. 500.00 or in default to undergofurther R.I. for three months vide order dated 21.10.1976 by an Additional SessionsJudge, Delhi.

(2.) Briefly stated the case of the prosecution has been that on 28.10.1975 D.D.No. 6-A was recorded at Police Station Kamla Market on the basis of informationconveyed on telephone by Duty Constable from Irwin Hospital about the admission of Kanhaiya. Copy of this D.D. entry was given to S.I. Baldev Singh who, whileaccompanied by a Constable, reached the hospital and collected M.L.C. number31443 in respect ofKanhaiya. The injured was, however, declared by the Doctor tobe unfit for statement.

(3.) Amar Singh son of Pratap Singh met the Police Officer in the hospital,whose statement was recorded. It was inter alia stated by Amar Singh that he wasa driver on truck No.DLL 221 and was working with one Ram Dhan at the sidingof Ajmeri Gate. It was also stated by him that on that day at about 11.00 am. he wasstand ing at the Reri of Tara Chand, Tea vendor, and noticed exchange of hot words.over some money dealings between Kanhaiya Lal and Nazar Mohd. @ Hanumanand that he tried to intervene. He went on to state that in the meantime NazarMohd. @ Hanuman inflicted knife injuries to Kanhaiya and that he took the injuredto his house at Seelampur and, thereafter, brought him to the hospital. It was alsostated by him that this incident was witnessed by Shankar, Tara Chand and manyothers. S.I. Baldev Singh made his endorsement on the statement of Amar Singhand Rucca was sent to the Police Station on the basis of which FIR No.542 wasrecorded.