PREM SINGH Vs. STATE (DELHI ADMN )

JUDGEMENT

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

(2.) THE case of the prosecution is that one Ashok had fired at Lakshmi Kant Tiwari some days prior to the incident in question which took place on 7th October, 1986 at about 5.15 A.M. Shri Lakshmi Kant Tiwari had a suspicion that deceased Jagatbir Singh was helping Ashok. Therefore, on 4th October, 1986 Lakshmi Kant Tiwari had told Jagatbir Singh's brother P.W. 7 Munni Dev that the activities of deceased Jagatbir Singh in helping of Ashok were not at all proper and if he continued the same they would have a very bad result.

(3.) ONE Saroj Devi gave information to the police on phone. Then the police went there and they collected injured Jagatbir Singh who was lying on the road in injured condition and removed him to Hindu Rao Hospital but when he was admitted in the hospital he was not in a position to make a statement and within a short time he expired. S.I. Dev Dutt of Adarsh Nagar Police Station recorded the statement of P.W. 7, Munni Dev and then started investigation in the matter. He arrested the present accused on the next day and on the completion of the necessary investigation he sent the charge sheet against the present appellant alone as the other two accused Lakshmi Kant Tiwari and Bharmanand were not traceable and were declared proclaimed offender.