JASPAL SINGH Vs. STATE

JUDGEMENT

(1.) The appellant, Jaipal Singh, was charged for offence under Section 302 of the Indian Penal Code, for committing the murder of Ishwar Singh on June 25, 1983 at about 10.45 A. M. at or around Hotel of Jagdish Parshad at Kapashera Border within the jurisdiction of Police Station Najafgarh, Delhi. He was convicted under Section 302 read with Section 34, Indian Penal Code and sentenced to undergo life imprisonment and to pay a fine of Rs 30.000.00 and in default of payment of fine to undergo RI for four years. It was directed that out of the amount of fine, if realised a sum of Rs. 25.000.00 shall be paid to the heirs of the deceaged. Feeling aggrieved Jaipal Singh has filed this appeal.

(2.) Jaipal Singh (appellant), Ishwar Singh (deceased) & Raj Pal (PW-1) were employees of the Municipal Corporation of Delhi. Appellant was posted as L.D.C. in the office of the Delhi Terminal Tax Agency, Ishwar Singh and Raj Pal were posted at Terminal Tax Agency at Kapashera Border a peon and gun man respectively. The prosecution case was that on June 15, 1983 they consumed liquor. While doing so Jaipal Singh told Ishwar Singh that he was a peon a fourth class employee and could not take liquor sitting with him. Because of this remark there was an altercation and Ishwar Singh gave beatings to Jaipal Singh. On June 17, 1983 Ishwar Singh went to Jaipal Singh to beg pardon. The latter however refused to pardonP him and instead threatened to take revenge at an appropriate time.

(3.) On June 25, 1983 at aboutl0.15A.M. Ishwar Singh, Jorawar Singh, Charanjit Singh, some other employees of the Terminal Tax Post, and Ashok Kumar Malhotra, representative of Jaipur Golden Transport were present at the hotel of Jagdish Parshad and were talking. The appellant came there along with 8/9 companions. He and one of his companion were armed with daggers. The rest were armed with hockey sticks. Jaipal Singh staling that be was taking his revenge gave a dagger blow on the left side of the chest of Ishwar Singh and asked others to kill Ishwar Singh. His companion, who was armith dagger, gave a blow on the left thigh. Others gave him beatings with hockey sticks. Thereafter they ran away in two cars towards Delhi.