SOHAN SINGH Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The present appeal is directed against the judgment and order passed by the learned Additional Sessions Judge, Delhi in sessions case No. 40/2000 convicting the accused/appellant Sohan Singh for an offence punishable under Section 302, IPC and sentencing him to undergo rigorous imprisonment for life and also to pay a fine of Rs. 2,000/- and in default to undergo simple imprisonment for one year. By the same judgment, the accused Labh Singh was sentenced to undergo rigorous imprisonment for one year for an offence punishable under Section 323, IPC for causing simple hurt on the person of Balbir Kaur with blunt object. He was, however, given the benefit under Section 428, Cr.P.C. and was sentenced to the period undergone. This appeal is, however, filed only by Sohan Singh and, therefore, we are concerned in this appeal only with the part of the order of conviction and sentence passed against Sohan Singh.

(2.) The prosecution story in brief is that on 13.11.1991 while one Raman, minor son of the deceased, was bursting crackers outside his house, at about 11/11.30 a.m., some sparks of cracker touched the cloth of Sheela, the mother of the appellant, on which Sheela rebuked and slapped Raman. Balbir Kaur (PW-14), the wife of the deceased and mother of Raman allegedly asked Sheela as to why she did so and then brought her son inside. Further case of the prosecution is that at about 8.05 p.m. of the same day, Sheela (mother of the appellant), Labh Singh (father of the appellant) and Sohan Singh, the present appellant went to the nouse of Balbir Kaur (PW-14), abused her and caught hold of her by hair and then caused an injury on her person above her right eye and thereafter left the place. it is also the prosecution case that on the same day thereafter the deceased, who is the husband of Balbir Kaur (PW-14) came back to the house from his job and enquired from his wife, Balbir Kaur as to how the injury was caused above her right eye upon which she explained the whole incident to him. Thereafter her husband (the deceased) and her brother-in-law (Devar) Surinder Singh accompanied by Balbir Kaur went to the house of the appellant at about 8.40 or 9.00 p.m. At that time, Labh Singh, Sohan Singh, Sheela and Surinder Singh were sitting on the cot when the deceased asked as to what had happened that they had to do that to his wife. At that stage, Labh Singh asked how they dare to come to their house to know the reason and they threatened to kill all the three of them and when the three of them including the deceased were coming out, Sohan Singh attacked the deceased with Kirpan, which hit him on the back right side and that Labh Singh hit with the back side of Farsa which also hit the deceased at the back. The deceased fell down by the side of wall of a House, in front of the house of the accused persons. It is also alleged that Labh Singh slapped PW-14 and also gave fist blows to her.

(3.) On completion of the investigation, the police submitted a charge-sheet. Charge of the offence punishable under Sections 302 and 323 read with Section 34, IPC was framed against the three accused persons, namely, Labh Singh, Sohan Singh and Surinder Singh to which they pleaded not guilty and claimed for trial. To substantiate the charge, the prosecution examined 22 witnesses whereas the defence examined two witnesses. Dr. L.K. Barua, who conducted the post-mortem examination on the dead body of Harmeet Singh on 14.11.1999, was examined as PW-1 and the autopsy report was proved as Ex. PW-l/A. However, Surinder Singh, the Devar could not be examined by the prosecution as he died in the meantime. After recording the evidence adduced by the parties, the learned Trial Court heard the arguments of the Counsel appearing for the parties and thereafter by his judgment and order dated 29.3.2003 held that the prosecution has not been able to prove the case against Surinder Singh and Labh Singh for an offence punishable under Sections 302/34, IPC and they were acquitted from the aforesaid charges. However, a case under Section 323, IPC was found to have been established against accused Labh Singh. The learned trial Court also held the accused/appellant guilty of on offence under Section 302 IPC and sentenced him to undergo rigorous imprisonment for life whereas the accused Labh Singh was found guilty of the offence of causing simple injury and he was given the benefit of Section 428, Cr.P.C.