KULDIP SINGH Vs. STATE OF DELHI

JUDGEMENT

(1.) This appeal is directed against the order of learned AddI. Sessions Judge, Delhi, dated 22.10.81 by which he has convicted Kuldip Singh alias Deepa under section 302 I P.C. for committing murder of one Mohan Singh Komi and sentenced him to undergo imprisonment for life with a fine of Rs. 200/- in default of payment or which he was further required to undergo rigorous imprisonment for one year. Kuldip Singh was also convicted and sentenced under section 27 of Arms Act and three years rigorists imprisonment was imposed. Both the sentences were, however, directed to run concurrently- One of the accused Davinder Pal was found guilty under section 323 I.P.C. and was sentenced to undergo rigorous imprisonment for six months. He was, however released after allowing set off as he had already been in the prison for a period of more than six months. The third accused Harmeet Singh was, however, acquitted.

(2.) In this case the incident is dt. 29th May 1980 at 3.15 i. m. The ilace of incident is the Central Market, Tagore Garden, near shop No. 6, It furlong away from Police station. The complainant in this case is one Harbans Singh, younger brother of the deceased and was aged about 48 years at the time of incident. F.I.R. in this case is based on the statement marked Ex. P.W. 1/A made by Harbans Singh. Formal F.I.R. was recorded at Police Station Rajouri Garden at 5.10 p.m.

(3.) Before we set out facts as alleged by the prosecution we would like to make a reference to another fact which from our point of view is very relevant and assumes importance in the light of the peculiar facts and circumstances of this case. There is a document on record marked Ex. P.W. 19/C, a copy of report No. 47-B dated 29.5.80 recorded at police station Rajouri Garden, Delhi. This information was received as per D.D. entry at 3 40 P m. In this information it is salted that constable Rajbir Singh, the wireless Operator, appeared in the wire reporting room and stated that he had received through wireless an information to the effect that a fire has broken out in Block E80, Raghbir Nagar and that some officer may be sent. On this a copy of the report was separately prepared and was sent to S.I. Partap Chand through constable Vinod Kumar No. 758. The fire station was telephonically informed and it was learnt that a fire tender has already left for the spot.