DARSHAN LAL Vs. STATE

JUDGEMENT

(1.) Darshan Lal son of Ram Pat, aged about 32, resident of Shop No. 2 Rattan Market, Paharganj, was tried in the Court of Shri R.C. Jain, Additional Sessions Judge, on the charge under section 302 of the Indian Penal Code. The accused was found guilty of the offence charged with and sentenced to imprisonment for life. The accused was also found guilty of the offence under section 27 of the Arms Act and sentenced to imprisonment for two years on the said charge. Both the sentences were made to run concurrently. Against his convictions and sentences the accused has come in appeal.

(2.) On 17th December, 1979 at about 6.27 p.m. pursuant to an information received on telephone about a woman lying unconscious at the bus stand near dispensary at Desh Bandhu Gupta Road, Assistant Sub-Inspector Dalip Singh was entrusted with the investigation of the report and he reached the spot. He was met by Lal Chand constable No.317 who, reported that he was on general duty at Desh Bandbu Gupta Road, that at about, 5 30 p.m. he was present at the bus stand near dispensary, Desh Bandhu Gupta Road, when mini bus No. DLP 5516 came at the bus stop from the,side of New Delhi railway station, that the passengers started boarding the bus, that a woman was standing along with other passengers waiting to board the bus, that as that woman was about to board the bus the driver of the bus Inderjit son of Chuni Lal started the bus. that the woman who was in the process of boarding. the bus received a jerk and she fell on the road and started bleeding from her back. He further informed the Assistant Sub-Inspector that a traffic Head Constable had come and removed the injured woman in a scooter to the hospital.

(3.) ASI Dalip Singh along with his endorsement sent the report Ex. PW 13/A to the Police Station for formal registration of the case. A case under sections 279/304-A of the Indian Penal Code was registered. The minibus was seized.