JAI SINGH Vs. STATE

JUDGEMENT

(1.) Jai Singh son of Mani Lal and Suraj Prakash son of Prem Raj along with Gurbachan Singh (since acquitted) were charged with the offences under S.302 read with S.34 of the Penal Code and S.307 read with S.34 of the Penal Code. The first accused in addition to the above charges was also charged under S.27 of the Arms Act. Shri V.B. Bansal, Addl. Sessions Judge, who tried the case found Jai Singh and Suraj Prakash guilty of the charges under S.302 read with S.34 of the Penal Code and S.324 read with S.34 of the Penal Code and sentenced each of them to imprisonment for life on the first charge and to rigorous imprisonment for 2 years on the second charge. Jai Singh was further found guilty of the charge under the Arms Act and sentenced to rigorous imprisonment for 3 years. The sentences were ordered to run concurrently. Gurbachan Singh was given benefit of doubt and acquitted.

(2.) Girdhari Lal (P.W. 4) along with his brother Nanu Lal and a cousin Kamodhar (P.W. 3) resided at Sayedwali Street, Azadpur, Delhi, Girdhari Lal was in the service of the Corporation. Nanu Lal and Kamodhar did cycle repairing job in front of Vijay Cinema. The case for the prosecution as unfolded by Kamodhar is that about 15 or 16 days prior to the occurrence Jai Singh, Suraj aid Gurbachan Singh left a bicyle for over hauling. Nanu and Kamodhar over hauled the bicycle and in the evening Jai Singh collected the bicycle promising to pay the charges at his house. Suraj and Gurbachan were also accompanying Jai singh when he collected the bicycle.

(3.) On 3rd July 1980 at about 7 a.m. Nanu Lal and Kamodhar were going to their place of work by the side of the railway line. They met Jai Singh, Suraj and Gurbachan. Nanu Lal asked Jai Singh for the cycle repairing charges. Jai Singh, it is alleged, caught Nanu by his hand and twisted his arm. Thereafter, Suraj said that they should take him to his house where they would make the payment. All the three dragged Nanu towards Mandir Lali gali. Kamodhar ran home and informed Girdhari Lal of what had happened. Girdhari Lal accompanied by Kamodhar rushed to Mandir Wali gali and near the house of Mangli he saw all the accused catching Nanu Lal. Girdhari Lal asked them as to why they were catching Nanu Lal and told them to leave him. Jai Singh, it is alleged, took out a knife from the right side dub of his pant and inflicted a blow with it on the chest of Nanu Lal saying "Iska Hisab Chukta Kar Doonga''. It is alleged that Suraj and Gurbachan were holding the deceased when the knife blow was given by Jai Singh. After inflicting the knife blow Jai Singh and his companions tried to escape. Girdhari Lal went forward to stop them and it is alleged that Gurbachan and Suraj caught Girdhari Lal and Jai Singh gave knife blows in the stomach and on the hip of Girdhari. After inflicting the blows on Girdhari Lal the accused ran away from the spot.