TEN SINGH Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) An Additional Sessions Judge , New Delhi, vide his judgment dated November 13, 1990,has convicted the appellant-Ten Singh for an offence punishable under Section 302 of the Indian Penal Code and has acquitted his co-accused Bir Singh on the charge under Section 302 read with Section 34 of the Indian Penal Code. Vide subsequent order dated November 14, 1990, he has sentenced the appellant to undergo imperisonment for life and pay a fine of Rs.2,000.00 and in default to further undergo rigorours imprisonment for six months for the offence puishable under Section 302 of the India Penal Code. Ten Singh has filed this appeal challenging his conviction and sentences.

(2.) The case of the prosecution is that deceased Mohd.Ishrafil was at the relevant time employed as a driver in a truck belonging to Vijay Kumar PW7 .whereas Makar Dhwaj PW4, the only material witness in this case, who claims to be eye witness, was also working as a driver a truck belonging to cousin of Vijay Kumar. Both of these persons were aged about 25 year at the time of occurrence. It is alleged that that both these friends and fellow drivers had on the night of February 10, 1988, come to see dance drama (Nautanki) near Virat Cinema in Dakshin Pun, New Delhi. While both of them were standing in a queue for purchasing tickets for witnessing the said Nautanki that one person, who ultimately was identified as appellant, had come and tried to jump the queue which was objected to by deceased Ishrafil as he caught hold of the appellant from his collar and pushed him away which was resented by the appellant. However, nothing more happened and all of them then witnessed the Nautanki show and thereafter deceased and his friend Makar Dhwaj were proceeding towards the place where they had parked their trucks and at that moment Bir Singh, a companion of appellant, had started talking with Makar Dhwaj whereas appellant took out a knife and stabbed Ishrafil on his chest left side twice and also stabbed him once on his back and thereafter they threatened Makar Dhwaj and made their escape from the said place. Makar Dhwaj is stated to have then gone to the place of Vijay Kumar in Bhogal and informed him about the occurrence and was instructed by Vijay Kumar that in case injuries received by his driver were not very serious then he may be got treated from any private doctor and in case injuries were serious he should be taken to to some good Government hospital. He had handed over Rs.100.00 to Makar Dhwaj for his purpose. Makar Dhwaj then came back to the place of occurence and removed shrafil to All India Institute of Medical Sciences in his truck and got him admitted in he hospital.

(3.) The Medico Legal Certificate EX.PA was prepared by the doctor in attendance casualty in which it was recorded that an uaknown patient aged about 25 years had been brought to the casualty with stab wound on the left anterior hemithera, fourth intercostal space in the anterior axillary line, another stab wound 8th intercostal space in the part axillary line. It appears that he was brought to the hospital during the night intervening 10th Februry 1988 1.45 AM but due to some clerical mistake it was recorded in the MLC that he had been admitted at 1.45 PM on 11th February 1988 but nothing turns on this mistake made in recording the wrong timing in the MLC. Ishrafil has succumbed to his injuries at 3.55 AM during that night.