RAM SINGH Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) Ram Singh son of Ved Ram resident of House No.J-1439, Jahangirpuri, Delhi, stands convicted by an Additional Sessions Judge of Delhi in Sessions case No. 104 of 1986 for the offence punishable under Section 302 of the Indian Penal Code and is sentenced to suffer imprisonment for life.

(2.) Victim Gopal Singh is the brother of first informant Shyam Singh. Victim gopal Singh was residing in House No. J-1434 whereas first informant Shyam Singh is residing in House No. J-1435. Appellant Ram Singh is their neighbour and he was residing in house No. J-1439 alongwith two brothers, sisters and other relations. The incident in question has taken place on the night between 27.11.1985 and 28.11.1985. Public Witness/.1 Om Shankar is the tenant of deceased Gopal Singh. On that night Public Witness/1 Om Shankar wanted to go out of Delhi by train in the night. Gopal Singh had, therefore, borrowed a three-wheeler auto rickshaw from a friend of his and had parked the same at about 10.00 pm. in front of his house. He had brought the said three-wheeler auto rickshaw in order to reach Public Witness/1 Om Shankarat New Delhi railway station. A few minutes after the three-wheeler auto rickshaw was parked by Gopal Singh in front of his house appellantam Singh came there and started the auto rikshaw in order to take it away. On hearing the sound of starting of the auto rickshaw Gopal Singh came out of the house and told appellant Ram Singh that he should not take it away as he had brought the same in order to reach Om Shankar at New Delhi railway station as he was to catch a train. But, appellant Ram Singh insisted that he would take away the said three-wheeler for some time and be would bring it back but Gopal Singh was not permitting him to do so. Due to this some fight and struggle took place between appellant Ram Singh and deceased Gopal Singh. Thereafter, appellant's two brothers Mahinder Singh and Rajinder Singh joined appellant and all the three had a scufle with Gopal Singh. On seeing this Public Witness/1 Om Shankar and Public Witness/ 2 Shyam Singh, who were witnessing the incident from their galleries (Chhaja), came down and found that Gopal Singh was caught by Mahinder Singh and RajinderSingh and Ram Singh took out a knife from his pocket and gave blows to Gopal Singh. He had also threatened Shyam Singh and Om Shankar that if they intervened they would also be killed. Therefore, both Om Shankar and Shyam Singh, Public Witness/1 and Public Witness/ 2 respectively, did not intervene. As a result of the blows inflicted on him Gopal Singh fell down and, thereafter appellant and his two brothers Mahinder Singh and Rajinder Singh left him and went away.

(3.) After the appellant and his two brothers, Mahinder Singh and Rajinder had left, Public Witness/1 Om Shankar and Public Witness/2 Shyam Singh came forward and found Gopal . Singh lying in a pool of blood with injuries on his person. Om Shankar advised Shyam Singh to goto the police station and lodge a complaint. Public Witness/7 Constable Rajbir Singh, Public Witness/15ASI Sukhbir Singh, Police H.C. Santokh Singh, who had gone to the 'E' Block, Jahangirpuri, in order to attend an earlier call, were coming back to the police station and on the way they met Public Witness/2 Shyam Singh. The police officials came to the spot and found Gopal Singh lying there in injured condition. They had also found appellant Ram Singh and his two brothers in the police out-post and they had some injuries. They took injured Gopal Singh, appellant and histwo brothers to Hindu Rao Hospital alongwith Public Witness/2 Shyam Singh.