BADRI Vs. STATE

JUDGEMENT

(1.) Appellants Badri, Khem Chand and Raju were tried for offence under Section 302/34 Indian Penal Code for the murder of one Kirpal at House No. D-236, Prashant Vihar, Delhi on 16-6-1988 and on being found guilty they have been convicted and sentenced to imprisonment fop life and a fins of Rs. 100 each and in default of payment of fine further RI for one month by an Additional Sessions Judge, Delhi vide his judgment and order dated 28-5-1991.

(2.) Briefly slated the prosecution case is that the deceased Kirpal and his wife Rema Public Witness -16 were working as labourers for the construction of houses No- D-250 and D-236, Prashant Vihar, Delhi. The deceased was also working as Chowkidar at these Houses. They were staying at House No. D-250. Om Shankar, Public Witness -8 who was the cousin brother of Rama (she being daughter of his maternal uncle) was working as labourer on construction of House No. D-63, Prashant Vihar, Delhi and was living at House No. D-236. Om Shankar after doing his work left the site at about 11.45 A.M. to take his lunch at house No. D-236 and first he went to house No. D-250 where Rama met him and he enquired of her as to where his brother-in-law Kirpal was. On this she told him that Kurwa and his three companions had come and had taken Kirpal with them on the excuse of playing cards. From there Om Shankar went to House No. D-236 and on entering the house he noticed that Kirpal had been caught by two persons whereas Kurva and the fourth person, were inflicting blows With knives on the person of Kirpal. He had also seen playing cards lying there. On seeing Kirpal being given knife blows he became nervous and came out raising alarm., He went to the nearby Police Post Prasant Vihar and police came with him but in the meantime all the four assailants had escaped.

(3.) In the meantime, one V. K. Talwar resident of House No. D-229 on hearing noise came in the Gali and found Kirpal in injured condition and profusely bleeding lying in the lane or two houses away from House No. D-236. He informed PCR on telephone from House No. D-235. This information was recorded at PCR as DD No. 48-A. FCR in turn had conveyed the information to the Police Station Samaipur Badli where it was recorded as DD No. 6-A at 12.10 P.M. Copy of this DD entry was sent to ASI Yoginder Singh through Constable Balraj. PCR Van had visited the spot but the injured had already been removed from the spot by Constable Ram Kumar to Hindu Rao Hospital where he was admitted at 1 P.M. and had been cammed vide MLC Ex. Public Witness -18/B. He was declared dead at about 1.15 P.M. on the same day.