DHARAMVIR Vs. STATE

JUDGEMENT

(1.) The appellants were tried for the murder of one Shiv Charan and were convicted under Section 302/34 Indian Penal Code and sen fenced to undergo imprisonment for life by the Additional Sessions Judge, Delhi, against which the present appeal has been filed.

(2.) Two persons) namely, Dharamvir and Satpal, both brothers are the accused. The incident is of 3rd April 1980 at about 1.45 PM and the place of incident is the shop No. 18 Wadhwa Market, Kingsway Camp which is at a distance of one kilometer towards South Easi firm Police Station. FIR in this case is based on the statement marked Ex.P.W. 15/B of Harpal Singh PW5 which was recorded in the hospital by Public Witness 15 S.I. Ramesh Pal Singh. Earlier to this one Nirmal Singh had informed the police station from a Public Call Booth that an incident had taken place at Wadhwa Market. This in formation had gone to the police station at 2.45 PM and came to be recorded as D.D. No. 16-A dated 3-4-80. It was actually in pursuance of this information that S.I. Ramesh Pal Singh Public Witness 15 went to the scene of incident. He did not find eye witnesses there and on learning that deceased has been removed to Hindu Rao Hospital, he went there and got into contact with Harpal Singh whose statement marked Public Witness 15/B was recorded and sent for registration of the case.

(3.) The facts are that the appellants, who are brothers, were working as barbers at shop No. 23 Wadhwa Market and for about two years the deceased and Public Witness 5 Harpal Singh were also working at the shop of the appellants as his employees. Sometime before the date of incident they left that employment and started a barber's shop independently at shop No. 18 in the saire market. It is alleged that this was not relished by the appellants and they had expressed their displeasure to the deceased and Public Witness 5 Harpal Singh The prosecution case is that on this account the appellants harboured a grudge against the deceased and Harpal Singh Public Witness 5. It is said that on 3rd April 1980 at about 1.45 PM while the deceased and Public Witness 5 Harpal Singh were present at shop No. 18, Dharamvir appellant came there with his razor and started sharpening the same after procuring the stone from the deceased. While doing so Dharamvir allegedly started talking to Shiv Charan deceased about their having opened a barber's shop and some unpleasant words were used. In the meanwhile Satpal appellant, brother of Dharamvir, another appellant, came there and caught hold of Shiv Charan deceased. Soon there' after Dharamvir appellant is said to have inflicted a razor blow on the right side neck of Shiv Charan as a result of which he received a fatal injury and started pleeding profusely. Kirpa Ram Public Witness 6 helped him after the deceased came out of the shop and the deceased was carried to a nearby table outside the shop. Haipal Sirgh P. W. 5 made an attempt to apprehend the accused but they are said to have escaped towards the back of Hudson lane. The deceased was removed in a taxi to Hindu Rao Hospital where he was examined by Public Witness 1 Dr. V. Khanna who on examination declared the patient dead. Dr. V.K. Khanna prepared M.L.C. Ex. Public Witness 1/A and noticed an incised wound about 5" long on the right side of the neck with exposed muscles and blood vessels.