INDERJIT Vs. STATE

JUDGEMENT

(1.) This judgment wl dispose of the criminal appeals: Cri. A 27 of 1982 (Inderjit v. State) and Cri. Appeal No. 356 of 1982 (Prem Shanker v. State) as these arise out of the same facts and circumstances.

(2.) A case under S. 302/34, Indian Penal Code and S. 27 of the Arms Act came to be tried by Shri T. S. Oberoi, Additional Sessions Judge, Delhi against the appellants. The appellants were found guilty under S. 302/34, Indian Penal Code and were sentenced to undergo imprisonment for life. The appellant Prem Shanker alias Kalva was also convicted under S. 27 of the Arms Act and was sentenced to rigorous imprisonment for three years. The learned Additional Sessions Judge directed that both the sentences should run concurrently. The conviction and sentence were recorded on Jan. 15,1982 and it is against this order that present appeals were filed.

(3.) We make a reference to the facts giving rise to the prosecution. On 31st Aug. 1980 one Girwar Singh and his wife, Smt. Bhagwati and their son Nathi were repairing their Jhuggi at Gaushala Marg, Bara Dari, Delhi. They are respectively the father, mother and brother of Rajinder Kumar deceased. At about 4 to 4.15 p.m. on the same day Rajinder Kumar deceased came to his Jhuggi with stab wounds from which he was bleeding. He was wearing towel around his waist. He fell on the ground and on enquiry he told his father, mother and brother that appellant Inder caught him and Kalva inflicted stab wounds on his person. He was immediately removed in the three-wheeler scooter by his father and brother to Hindu Rao hospital where he was admitted. The Duty Constable at Hindu Rao hospital made hectic efforts to pass on information about this event on telephone to the police post but since the telephone was out of order he failed to convey the message but then deputed one Kishan Chand Patna to transmit information about this incident to the police post which was accordingly done by him by transmitting information to police post Sheadipura. This information was recorded as D. D. report No. 24 dated 31st Aug., 1980, at 6.00 p.m. by Constable Hukum Chand and a request was made in the message vide D. D. report No. 24 that some police officer may immediately be sent to Hindu Rao hospital. A copy of the D. D. report was sent through Constable Harbans Singh to S. I. Ajab Singh who was already in the area in connection with the case, FIR No. 448/80 near Filmistan Cinema, Delhi. On receipt of report, Ajab Singh, S. I. sent to Hindu Rao hospital accompanied by Some other police officials. The deceased Rajinder Kumar was declared unfit to make statement. Ajab Singh S. I. thereafter forwarded D. D. report No. 24 to police station Original read (sic) for registration of the case along with his endorsement. Meanwhile, Ajab Singh S.I. accompanied by A. S. I. Parkash Singh went to the scene of incident. On his way he met Nathi Public witness and recorded his statement. On examining the scene of incident he did not find any thing at the site as it had been disturbed by the people who moved through it. Ajab Singh thereafter recorded statement of Bhagwat and Girwar Singh mother and father of the deceased. He also recorded statement of the two eye-witnesses Ram Asre P. W. 6 and Jagbir Singh P. W. 7. Thereafter, search for the accused started but they could not be traced. On 2nd Sep. 1980 accused Prem Shanker, alias Kalva, surrendered at the police post at the time when P. W. 7 Jagbir Singh, P. W. 13 Nathi Ram and P. W. 14 Ved Parkash had come to hand over the towel which the deceased Rajinder Kumar had wrapped around his waist at the time of incident. It had been washed by the wife of P. W. Nathi Ram, not knowing the implication thereof. Prem Shanker accused was interrogated in the presence of the aforesaid witnesses during the course of which he is stated to have made a disclosure statement in pursuance of which a dagger, Ext. P-2 was discovered in a gutter near railway quarters in the presence of the aforesaid set of witnesses. The dagger was secured and sealed and sketch thereof was prepared and the site Plan of the place of discovery was also drawn. Search for another accused continued. Meanwhile, on 5-9-1980 at about 2 p.m. the police was informed that Rajinder Kumar died in the hospital. A. D. D. report No. 18 came to be recorded and S. I. Ajab Singh went to the hospital along with photographer Kali Ram and constables Chander Singh and Daya Krishan. The dead body was photographed and inquest papers were prepared and the dead body was sent for post mortem. As per the post mortem report of Dr. Bharat Singh P. W. 8, injury No. 2 was found to be fatal and sufficient in the ordinary course of nature to cause death. The remaining two injuries were also found to be on the vital parts of the body of the deceased. The case property was sent for the opinion of C. F. S. L. New Delhi. Accused Inderjit was arrested on 20th Sep., 1980 from Ajmal Khan Park. C. F. S. L., however, could not determine the origin of the blood on the dagger as it was too small for serological examination.