STATE OF DELHI Vs. BAL KISHAN ALIAS BALI

JUDGEMENT

(1.) The respondent/accused was exonerated from the charges under Sections 302 of I.P.C. and 25/27/54/59 of Arms Act by the Learned Additional Sessions Judge vide his order dated 24th December, 1981. Aggrieved by that order, the State has preferred the present appeal. In brief, the facts of the prosecution case are: Lakhi Shah Kohli and Kirori Shah Kohli, cousins were partners in business. After the death of Lakshi Shah Kohli, his son Satpal Kohli, the deceased, continued his business with Kirori Shah Kohli. The said business terminated 10-12 years prior to the present incident. Their relations became sour due to disputes over money matters. Bal Kishan, respondent/ accused, is the son of Kirori Shah Kohli. Satpal Kohli, his brother Dharampal Kohli, their wives Pushpa Kohli and Asha Kohli, their mother Vidya Wanti and family including Deepak deceased's son aged about 10 years resided in house No. I-48, Kirti Nagar, Delhi.

(2.) On 3rd July, 1980 at about 9.25 p.m., ASI Krishan Kumar received an information on telephone from Krishan Murari PW about a quarrel at I-56, Kirti Nagar. Pritam Singh ASI and constable Bhawani Dass visited the spot. It transpired that Krishan Murari, G.S. Bedi, O.P. Verma and two ladies had already nailed the assailant/respondent instantaneously on the spot itself. It transpired that the deceased had been removed to the hospital by his mother and wife. The said police officials also found that a sword, two wheeler scooter bearing No. DHV 2601, one helmet, one blood stained cot, a sheath of sword, a pair of V-shape chappal and blood was lying on the spot. Lakshmi Chand, Sub- Inspector, Emergency Officer, after being informed by the SHO, P.S. Moti Nagar also arrived at the spot. He recorded the statement of Smt. Asha Kohli. She made a statement to the effect that Satpal and Dharampal were canteen contractors. Relations between respondent/accused and Satpal were strained due to prior business and money matters. Satpal was to arrive in Delhi on 3rd of July. Bal Kishan, respondent, visited their house early in the morning and enquired about the arrival of Satpal. He was informed that Satpal would be returning during the evening time. Bal Kishan left the place. The bell of their house rang at about 8.45 p.m. when Pushpa Kohli, Asha Kohli, Satpal, Deepak and Vidyawanti were present in their house. Deepak opened the door, came back and informed that Bal Kishan uncle was calling Satpal outside the house. All of them came outside and requested Bal Kishan to come inside the room. However, Bal Kishan insisted that he would talk to Satpal outside the house. Bal Kishan started moving on his two wheeler scooter, conversed with the deceased, who started going along with him on foot. Due to strained relations between them, all the abovesaid near and dear of the deceased kept on standing on the road. Bal Kishan stopped his scooter in front of house No. I-46 and parked it there. In a fit of rage, he brought out a sword and inflicted a number of blows upon Satpal. Satpal tried to ward off the blows with his hands and ultimately fell down. At the time of inflicting blows, Bal Kishan shouted have a taste for withholding the money?. The abovesaid relations of the deceased raised an alarm. Many persons from the neighbourhood collected and apprehended the accused. The deceased was removed to the hospital by Vidyawanti and Pushpa Kohli in a taxi.

(3.) A case under Section 307 IPC was got registered. Satpal was declared to be unfit for making a statement, when Lakshmi Chand visited the hospital. Lakshmi Chand SI came to the spot, arrested the accused formally and seized his blood stained shirt, pants, one undervest, which accused was wearing at that time. Satpal succumbed to his injuries during the night at about 11.15 p.m. Autopsy on the dead body was conducted on 4.07.1980 at about 3 p.m. Dr. L.T. Ramani, PW6, gave the following opinion:-