CHANDER PRAKASH Vs. STATE (DELHI ADMN )

JUDGEMENT

(1.) THESE three appellants s/o Shri Chander Prakash alias Chander, Smt. Chameli Devi and Azmuddin have challenged their conviction and sentences awarded to them by an Additional Sessions Judge, Shahdara, vide judgment and order dated March 30, 1991, by which they were convicted of an offence punishable under Section 302 read with Section 34 of the Indian Penal Code and also convicted under Section 120B of the Indian Penal Code which was termed as forming part of the main offence under Section 302 of the Indian Penal Code. The appellants - Chander Prakash and Azmuddin were also convicted for an offence punishable under Section 460 of the Indian Penal Code. All the appellants were awarded imprisonment for life for the offence punishable under Section 302/34 read with Section 120B of the Indian Penal Code. The appellants - Chander Prakash and Azmuddin were further sentenced to undergo rigorous imprisonment for two years each for offence punishable under Section 460 of the Indian Penal Code.

(2.) FACTS of the case, in brief, are that Sia Ram, husband of Chameli Devi appellant was having a crockery shop at Sanjay Market. At the time of the occurrence, there were three daughters of the said couple living in house No. 169 -170, Block No. 13, Kalyan Puri. The said house comprised of only two rooms and a compound in front of the same. Each room measured about 10' x 8'. Mahipal PW 3 was real brother of Sia Ram deceased. He was also living with the family but he used to sleep at the shop of Sia Ram. Sia Ram remained abroad for earning more income for about three years prior to the occurrence and he had come to India in 1986 and had again gone back abroad and returned in April, 1987. Even before going abroad he had let out one room in his house to Chander Prakash appellant who lived there with his brother for some time. However, he had got vacated the said room from Chander Prakash sometime earlier to the occurrence. Sia Ram was murdered in one of the rooms of his house at about 11 p.m. on January 25, 1987. The Daily Diary Report was recorded at serial No. 15A at about 12.10 a.m. during the intervening night of 25th and 26th January, 1987, copy of which is Ex. PW 24/A mentioning that Head Constable Mahavir Singh, Wireless Reporter, had got recorded that wireless information had been received that ASI Noor Mohd. Incharge of the Police Control Room Van, who informed that a person resident of house No. 12/170, Kalyan Puri, had been stabbed with a knife and he had brought him to Swami Dayanand Hospital where the doctor had declared him as brought dead. Copy of this report was given to SI Dayanand PW 24 who proceeded along with SI Ram Chander PW 6, Constable Randhir Singh and Davinder Singh to the place of occurrence. MLC Ex. PW 16/A was prepared by Dr. Tej Singh Vimal PW 16 wherein he recorded that Sia Ram s/o Bhoj Raj, aged about 35 years r/o 12/169 -170, Kalyan Puri, Delhi, had been brought by ASI Noor Mohd. at 12.45 a.m. and on examination he found him dead having the following injuries : 1. Incised wound about 1.5 cm long over left side of neck depth up to corotial artery and vein about 5 cms. 2. CLW over right temporal region size 3 x 2 cms.

(3.) IN the Medico Legal Certificate he did not record as to with what weapon the injuries had been caused. He did not record that the injuries were caused by fire -arm. PW 18 ASI Noor Mohd. Had disclosed that he was incharge of the PCR Van on that night and had reached Sanjay Market when Head Constable Khajan Singh gave information that some miscreant had injured a person with knife at premises No. 12/170, Kalyan Puri and on reaching the spot he found Sia Ram bleeding profusely from his injuries and he removed him to the hospital and Mahipal PW 3, brother of Sia Ram, accompanied him and Sia Ram was declared brought dead at the hospital and he gave this information to the Control Room. In cross -examination he disclosed that at the time he reached the said house he found one constable present at the spot. Head Constable Khajan Singh has not been examined in the case. Apparently it appears that he was the first police official who had come to know about the occurrence and he admittedly belonged to the Police Station Kalyan Puri. So, evidently the police station of Kalyan Puri must have come to know about this occurrence prior to Sia Ram being admitted in hospital at 12.45 a.m. and that is the reason that Daily Diary Report at the Police Station had been recorded at 12.10 a.m. It is also evident that the local police had come into action even prior to ASI Noor Mohd. came to the place of occurrence as he had found one constable already present at the spot before he removed Sia Ram from the house in question and took him to the hospital. We are referring to these facts at this very stage as they have a lot of bearing on the merits of the case which we shall discuss after narrating the facts. We may emphasize that even before any FIR was recorded the police had already almost formed the opinion that Sia Ram was stabbed with knife because that stands mentioned in Daily Diary Report No. 15A referred above and the MLC Ex. PW 16/A also presumably gave the indication that injuries were caused by some sharp -edged weapon.