GULAB SINGH Vs. STATE

JUDGEMENT

(1.) Gulab Singh s/o Shri Jiwan Lal, presently aged about 45 years, has been convicted of an offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life for having caused the murder of one Khushal Chand on August 17, 1988, at about 10.30 p.m. vide judgment dated April 9,1991, of an Additional Sessions Judge, Delhi. He has filed the present appeal challenging his conviction and the sentence.

(2.) Facts as alleged by the prosecution, in brief, are that Khushal Chand was residing with his wife Asha Rani and the children in House No. A-1 /95, Sector IV, Rohini, at the relevant period. On August 17, 1988, Khushal Chand had gone to PW4 Bhudev Singh, who was vending fruit juice in Avanflka on the footpath at 10.30 p.m. and had procured two glasses of fruit juice from PW4 and thereafter leaving his two wheeler scooter at the said place had walked across 70-80 feet wide road and came to the business place of appellant, who was having fruit shop on the footpath. There took place some dispute between the deceased and Gulab- appellant with regard to the price of the apples which the deceased wanted to buy and it is the case of the prosecution that the appellant in that quarrel picked up the knife and stabbed Khushal Chand repeatedly and five incised injuries were found on the person of Khushal Chand. Khushal Chand thereafter on his two wheeler scooter came to his house and had fallen on the ground just outside the door of his house. PW1 Dharam Chand and PW10 Nasim Raza, two neighbours, took Khushal Chand to StStephan Hospital where they got him admitted at 12.15 a.m. The Doctor who prepared the medico legal certificate had given a message to the Police Station at about 12.20 a.m. which was recorded at Serial No. 3A of the Daily Diary of Police Station Mangol Puri and S1 Hari Singh PW16 alongwith Constable Manohal Lal PW13 reached the hospital. The Investigating Officer obtained the medico legal certificate of Khushal Chand and the Doctor attending on Khushal Chand declared him unfit for giving any statement. The Investigating Officer did not find any eye-witness but as the injuries of Khushal Chand were declared to be dangerous in nature, he had sent the rukka for registration of a case under Section 307 of the Indian Penal Code against unknown assailant. He had not met any of the witnesses at the Hospital. Rukka is Ex. Public Witness 14/A which was sent with endorsement Ex.PW16/A and the FIR was recorded at the Police Station at 2.40 a.m. on August 18, 1988, copy of which is Ex.PW14/B.

(3.) According to the prosecution, Khushal Chand became fit to give statement on August 20, 1988 and the Investigating Officer recorded his dying declaration Ex.PW16/C which was got signed from Khushal Chand. Khushal Chand had given the narration of facts, as noticed above and had named the appellant as his assailant. From the Hospital the Investigating Officer had come to the place of occurrence and had recorded the statements of PW4 Bhudev Singh and PW10 Nasim Raza and had prepared the sketch of the place of occurrence on the pointing out of the said two witnesses which is Ex. PW16/B. No blood was found at the place of occurrence as according to the Investigating Officer it had rained in the night on that day. Photographs also were taken which are Exs. PW6/4 to 6 showing the improvised shop of appellant and the counter of Bhudev where they were carrying on their respective businesses.