RAM NIWAS Vs. STATE

JUDGEMENT

(1.) The appellant has been convicted by the Court of the Additional Sessions Judge, Delhi for offence under Section 302, IPC (FIR No. 278/87, P. S. Patel Nagar) for committing the murder of one Ram Sarup at about 6.00 p.m. at Kathputli Colony, Delhi vide judgement dated January 25, 1992 and vide separate order dated January 27, 1992 he has been sentenced to life imprisonment.

(2.) The facts of the case are that some unknown persons telephonically informed police station Patel Nagar that some quarrel was going on behind MCD Primary School in Kathputli Colony and that police may be sent. This information was recorded as DD No. 21-A (Ex. PW-1/A) at 6.05 p.m. on 31st July, 1987. On receipt of the copy of this DD entry SI Sukhbir Singh along with constable Siri Om reached the place of occurrence situated at Kathputli Colony, New Delhi and found deceased Ram Sarup and accused Ram Niwas lying in injured conditions there. He sent the two injured persons to RML Hospital through constable Siri Om. Ram Dayal brother of the deceased met him there and got recorded his first information statement Ex. PW 6/A. In this statement he had alleged that he was residing in the jhuggi there and after finishing his duty in DDA office at 5.00 p.m. he came home and he had his brother Ramesh and younger brother Ram Sarup were sitting on a cot near their jhuggi; at about 6.00 p.m. their neighbour Ram Niwas with whom generally quarrels used to take place was passing in front of his jhuggi in drunken condition and on seeing them started abusing and also said that he was fed up of the daily quarrels and he would not spare them any more. He was asked not to so abused but on this he became more furious; brought an axe from his jhuggi and gave a blow with that axe on the head of his younger brother Ram Sarup with full force. His brother fell down unconscious. His head started bleeding. As a result of this blow the handle of the axe had broken. Ram Niwas then on seeing blood coming from the head of his brother, threw the broken handle of that axe on the ground there and while he was running towards his jhuggi he stumbled and fell with his face down; he also picked up a stone and started giving stone blows on his face and thereby causing injuries to himself.

(3.) The said SI had found the blood smeared axe and its broken handle lying near Ram Sarup injured and two injured Ram Sarup and Ram Niwas were lying there; both of whom were sent to the hospital. He made his endorsement on the aforesaid statement of Ram Dayal and set it at about 7.00 p.m. through the Head Constable Dharam Vir Singh, who had also reached there, for registration of FIR and the FIR was registered at 7.10 p.m. under Section 307, IPC. The said SI had visited the hospital, collected the MLCs of the two injured persons but they were found unfit to make statement. He came back at the spot. Blood stained axe and its broken handle which were lying at the spot, blood stained earth etc. were picked up from the spot in sealed parcels and site plan (Ex. P.W. 16/A) was prepared by him. Photographs of the scene were also taken. Injured Ram Sarup succumbed to his injuries and died at about 8.00 p.m. on the same night, intimation of which was received at the police station on the following day. Inquest proceedings were recorded by the said SI. Post mortem examination was conducted at Civil Hospital by L. T. Ramani (P.W. 5) at about 2.30 p.m. on 1st August, 1987 vide his report Ex. PW5/A. The post-mortem doctor preserved the blood stained cloths and sample of blood of the deceased in sealed cover which were seized by the police.