SEWA SINGH Vs. STATE OF DELHI

JUDGEMENT

(1.) This is an appeal against the conviction and sentence under section 302 read with section 34 Indian Penal Code. The appellants have been sentenced to undergo imprisonment for life. The appellants are brothers and sons of one Darshan Singh. They are residents of WZ-79, Guru Nanak Nagar. The deceased is one Ranjeet Singh and the incident is said to have been taken place on 8th August, 1979.

(2.) The prosecution story is that a report No. 14/A was got recorded on 8th August, 1979 at Tilak Nagar Police Station by Laj Kaur, the mother of the present appellants at 4.25 P.M. that a quarrel was going on nearby her house and that the police may be sent. On the said report Manphool Singh, S.I., alongwith Jeet Ram, constable left for the spot. Manphool Singh Tas P.W. 13 has deposed that on reading the report he went to the spot and found the body of the deceased Ranjeet Singh lying on the ground. He found Oil the spot Jagjit Singh P.W. 7, the brother of the deceased and recorded his Statement Ex. PA which is the basis of the FIR Ex. P.W. 6/A. According to the FIR previously the family of the deceased used to reside also in Guru Nanak Nagar but they had been residing for the last eight years at Manohar Nagar, Tilak Nagar, New Delhi. Being Rakhi day, the deceased at 3 P.M. is said to have gone to Guru Nanak Nagar side to purchase some sweets for his sister and P.W. 7 also claims to have followed his brother. According to P.W. 7, the deceased was given blows by knives and dagger by all the appellants when he reached the crossing of Guru Nanak Nagar by accused Makhan Singh from front side and by other accused from back. Though he raised the alarm but nobody came and he, therefore, rushed back to his house and then accompanied by his brother Surjeet Singh P.W. 10, came back to the place of occurrence and found his brother dead. Then the police having reached there recorded the Statement of P.W. 7, which formed the basis of FIR.

(3.) Now according to P.W. 7 the only reason for Ranjeet Singh to have gone to Guru Nanak Nagar was allegedly to buy sweets from a halwai. It may be noted that Manohar Nagar is about 11/2 k.m. from the place of occurrence. The reason for the deceased having gone to that place to buy sweets apparently looks a little odd more so when it is in evidence that there are other sweet shops nearby Tilak Nagar. He also admits that no money was found on the person of the deceased which also seems little curious if Ranjeet Singh deceased had in fact gone to buy sweets. Mr. Lao, the standing Counsel suggested that the deceased could haw got sweets on credit. But it is conjecture because no Halwai has been produced to show that the deceased used to buy sweets from him and on credit. As a matter of fact the Investigating Officer, P.W. 13 has admitted that though he had interrogated Bhagwati, halwai but had not recorded his Statement because the later had shown ignorance of the incident.