STATE DELHI ADMN Vs. MOHAN SINGH

JUDGEMENT

(1.) This appeal has been preferred by the State against the judgment of acquittal dated 31.5.1991 passed by the Additional Sessions Judge, Delhi acquitting both the respondents herein, who happen to be husband and wife, of the charges under Sections 302/34, IPC and respondent No. 1 under Section 27 of the Arms Act also.

(2.) The case of the prosecution put up before the trial Court is as follows: On 4.12.85 an information about some quarrel in Gali No. 11. Double Storey Quarters at Motia Khan was received at Pahir Ganj Police Station at 10.55 a.m. and the same was recorded as DD No. 14-A. Copy of that DD entry was handed over for investigation to PW-16 ASI Charan Singh, who then went to DDA quarters in B block in Motia Khan along with one constable and came to know that one Paramjit Singh r/o B-68 had been stabbed with barchha by one Mohan Singh and the injured had been removed to Willingdon Hospital by Daler Singh and Kuldip Singh in the scooter of Satpal. ASI Charan Singh then went to the hospital, collected the MLC of Paramjit Singh who was stated to be unfit for making his statement at that time. Later in the day he, however, succumbed to the stab injury. In the hospital ASI Charen Singh met PW-4 Daler Singh, who claimed himself to be the eye-witness of the incident of stabbing and so his statement Ex. PW-4/A was recorded by the ASI. In that statement Daler Singh stated that he was living with his family at B-5, Double Storey Quarters, Motia Khan, Delhi. That day (4.12.85) at about 10.30 a.m. he was talking to Kuldeep Singh (PW-5) at the chowk in his block. They saw Paramjit Singh s/o Tara Singh r/o B-68, Motia Khan (the deceased) going to his house and when Paramjit Singh reached in front of the house of Mohan Singh (respondent No. 1 herein) Mohan Singh was sitting in front of his house. Mohan Singh got up and slapped Paramjit Singh from behind and Paramjit Singh's Pagri (turban) fell down. When Paramjit Singh asked Mohan Singh as to what was the matter Mohan Singh replied, 'Sade Nall Bahut Jhagra Karda Si, A] Dekhene Hana Ki Tuhade Ghar Kiven Shagan Aaunda Hai (you had been quarreling with us, now we will see how you receive 'Shagan' in your house). The wife of Mohan Singh, namely, Smt. Inderjit Kaur (respondent No. 2 herein) who was also present there said, 'Halle To Chand Hi Maari Hai, Huneh hi Tainu Khatam Karwani Hai (at this time only slap is given to you, I will get you finished now) and saying so she went inside the house and brought a barchha (Ex. P-5) and gave the same to Mohan Singh and said, 'Mohne Edha Kam Karde' (Mohan, finish him). It was further stated by Daler Singh that Mohan Singh then stabbed Paramjit Singh in his chest with force with the barchha upon which they (Daler Singh and Kuldeep Singh) raised alarm 'maar diya-maar diya' and when Mohan Singh again tried to stab Paramjit with the barchha he (Daler Singh) and Kuldeep Singh picked up brick bats and hit Mohan Singh and in the meantime many persons started collecting at the spot and Mohan Singh ran away from there with the barchha. He (Daler Singh) along with Kuldeep Singh placed Paramjit Singh in the three- wheeler of Satpal Singh (PW-13) and took Paramjit to RML hospital where Satpal Singh got Paramjit Singh admitted. Daler Singh claimed that Mohan Singh had assaulted Paramjit with the barchha on the instigation of his wife Inderjit Kaur @ Madhu with the intention of killing him.

(3.) On the basis of the statement of Daler Singh (PW-4) a case under Sections 302/34,IPC was registered vide FIR No. 1458/85 at 12.45 p.m. at Pahar Ganj police station. On the same day both the accused persons were arrested from a bus-stop. Accused Mohan Singh was interrogated and he made a disclosure statement pursuant to which he also got recovered blood stained barchha Ex. P-5 from a Koora Ghar (Dumping place) in Motia Khan. On completion of usual investigation the two accused persons were charge-sheeted and in due course they were committed to the Court of Sessions. Thereafter a charge under Sections 302/34, 1PC was framed against both the accused and a separate charge under Section 27 of the Arms Act against accused Mohan Singh only was also framed by the learned Additional Sessions Judge. Both the accused pleaded not guilty and claimed to be tried.