AMARJIT SINGH AND CO Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) These two appeals arise out of the same judgment of Sh. G.S. Dhaka, Additional Sessions Judge, Delhi, by which he found the appellants Amarjit Singh and Ajit Singh guilty of offences under Sections 302/307/34 Indian Penal Code convicted them and sentenced them to life imprisonment under Section 302 and also to rigorous imprisonment for a period of three years under Section 307 Indian Penal Code The respondent in Cr. A. 17/82 Saudagar Singh who was prosecuted also for the same offences was acquitted The connected appeal No. 17/82 has, therefore, been filed by the State of Delhi challenging the acquittal of Saudagar Singh.

(2.) Briefly stated the prosecution case is that on 3rd January, 1980 at about 7-30 PM Amarjit Singh and Ajit Singh, appellants were hurling abuses in front of House No. 17/14, Subhash Nagar, New Delhi, belonging to Public Witness -1 Inderjeet Singh. This was objected to by Inderjeet as a result of which the appellants Amarjit Singh and Ajit Singh felt humiliated and while leaving that place they are stated to have threatened him. Thereafter at about 8-15 PM on the same day while Inderjit Public Witness 1 and his friend Kimti Lal, deceased were near Sanatan Dharam Mandir near Subhash Nagar and were on their way to the house of Kirnti Lal the appellants Amarjit Singh and Ajit Singh armed with sword and knife respectively, suddenly appeared and, started abusing both of them. In the meanwhile Saudagar Singh, respondent in Cr. A. 17/82 who is the father of the aforesaid two appellants also appeared and exhorted that they be killed and he will take care of it. Immediately thereafter the appellants Amarjit Singh and Ajit Singh started assaulting with sword and knife Kimiti Lal. The role attributed to Saudagar Singh is that he kept hold of deceased Kimti Lal who fell on spot after receiving the injuries. It is further stated that Public Witness 1 Inderjeet tried to run away from the scene but he was caught by Saudagar Singh from his back side by putting arms around his body and Ajit Singh inflicted knife blows on his abdomen and the upper part of his left thigh. Amarjit Singh inflicted Kirpan blow on the left side and also on his head. Public Witness -1 Inderjit Singh fell down and accused took to their heels.

(3.) The matter seems to have been reported to police control room by Public Witness -4 Vinod Kumar who was informed by some boy and the message was transmitted by him on telephone about a quarrel taking place at the scene of occurrence. This brought Public Witness 17 Joginder Singh on the scene and after reaching there he removed the deceased Kimti Lal as also Inderjit to the hospital where he recorded the statement of Inderjit Public Witness 1 which is marked as Ex. Public Witness 1/A, on the basis of which an FIR came to be registered. Soon after the injured were taken to the Willingdon hospital Kimti Lal deceased was declared as brought dead while ; the injuries sustained by Public Witness Inderjit were declared to be dangerous vide MLC prepared by the doctor and, he was referred to the surgical department. It is further stated that while the accused escaped from the scene they took with them the sword and knife but the cover of the sword fell on spot which was taken into possession by the police along with a pair of chappal, blood and blood stained earth. Clothes of deceased and that of injured Inderjit were also taken into possession. On the same night the house of the accused persons was raided where their blood stained pyjamas and one blood stained white cover of a quilt were recovered from abucket. All the three accused persons were apprehended on 11-1-80. In pursuance of a disclosure statement made by Ajit Singh on 13-1-80 the knife alleged to be the weapon of offence was recovered beneath the culvert near railway crossing Mangolpuri at the instance of Ajit Singh. Saudagar Singh got recovered sword from the Malba lying in Bariwala near Hari Nagar. The post mortem of the dead body of Kirnti Lal was conducted and on the completion of the necessary stops in the direction of investigating the accused were put on trial.