KISHAN SINGH Vs. STATE OF DELHI

JUDGEMENT

(1.) This is an appeal against the judgment of the learned Additional Sessions Judge by which he convicted the appellants under section 302 read with section 34 I.P.C. and sentenced them to rigorous imprisonment for life.

(2.) The appellants are brothers. The prosecution case is that on 4.6.1980 Jai Devi mother of the accused, whose house is near the house of the appellants had kept an angithiT (hearth) in the lane which, was causing nuisance through its smoke. This was objected to by Amar Singh alias Babu deceased and there was some exchange of not words between Jai Devi and Amar Singh deceased. After some time the accused are said to have come to their house and their mother Jai Devi told them about the altercation which had taken place. This infuriated the accused and they decided to have it out with Amar Singh. At 9.00 P.M. when deceased Amar Singh was returning to his house, accused Kapoor Singh is alleged to have caught hold of him while accused Kishan Singh inflicted a number of injuries upon him with a rampi. The deceased was immediately removed to hospital by his father P.W. 4, Banwari Lal and P.W.-15 Om Parkash but, Amar Singh died on the way.

(3.) Investigation was set in motion on a report made by the mother of the deceased, Smt. Brimo Devi. P. W 5 at police post Tank Road the Same day i.e. 4th June, 1980 at 9.10 P.M., vide Ext. P.W. 5/A., copy of D.D. Report No. 34, where she has stated that at 9 P.M. both accused, who were residing in the neighbourhood, caused injuries on the person of her son by a rampi as a result of which blood was oozing and asked for police assistance. On receipt of a copy of the report S.I. Rajpal Singh along with A.S.I. Rambir Singh went to the place of occurrence. P.W.-17, S.I. Rajpal Singh, Incharge police post Tank Road stated that when he went to the spot he learnt that the injured has been removed to the hospital and he thereupon proceeded to the Willingdon Hospital where he came across Om Parkash and Banwari Lal P.Ws. and recorded the statement of Banwari Lal father of the deceased, Ex. P.W. 3/A. The same was sent for recording F.I.R. Ext. P.W. 3/C) No. 550/80 dated 4.6, 1980.