SUBHASH Vs. STATE

JUDGEMENT

(1.) Originally, accused Ram Niwas, Ramesh (deceased), Ram Chander and Subbasti, all residents of Ragbubir Nagar. Delhi were committed to the Court of Sessions to stand their trial under Sections 307/34 I.P.C. The prosecution case, which is based on the first information Report Ex. PW-2/a by Ram Kishan, brother of the injured 0m Parkash, in brief, is that Kishan, brother of the injured 0m Parkash, in brief, is that the complainant is residing at B-147, Raghbir Nagar, Delhi and on 28.6.82 at about 11.45 a.m , he had gone to buy some medicine from the Chemist shop of Dr. S.K.., Biswas, at a nearby place. At that time, he noticed accused Ramesh (since deceased) Ram Chander, Ram Niwas and Subhash standing near the shop. He knew them from as being the residents of the same area. He and his brother were in fact on inimical terms with the accused. On seeing him, they called out that it was a good opportunity for them to take revenge. Ram Kishan sensing trouble immediately turned his cycle and came to his house. However, after about 15 minutes of his reaching home. all the accused reached his house, where he alongwith his brother 0m Parkash was standing. At that time, Ramesh and Ram Niwas were armed with hockey-sticks. His brother 0m Parkash enquired from the accused as to what was the matter and why they have come there. At that very moment, Ramesh exhorted his companions to kill both the brothers. Ramesh then held Ram Kishan while Subhash whipped out a knife and gave a blow on the back near the waist of 0m Parkash. The injury caused profuse bleeding and he fell on the ground. In the meanwhile. Ram Niwas tried to give a hockey below on the complainant which he warded off. In the commotion and bearing the noise, one Rameshwar who had come in the neighbourhood tried to intervene but he was also stabbed by Ram Chander with knife on the right side of his ribs. Ram Kishan further staled that this incident was seen by Smt. Bimla, Krishna and Sarswati. All the witnesses raised hue and cry as the result of which, the accused made good their escape leaving behind hockey sticks and a pair of chappals. Ram Kishan was removed to the hospital where he was medically examined.

(2.) On being informed of the incident, S.I. Umrao Singh of Police Station Rajouri Garden, reached the place of occurrence alongwith other constables. On coming to know that the injured had already been removed to the E.S.I. Hospital, he deputed two of his constables to guard the scene of occurrence and alongwith another Constable Mohinder Singh reached the hospital. The sub-inspector recorded the statement of 0m Parkash also and on that basis got registered a case u/s 307/34 Indian Penal Code . against the accused persons. Later on, he took into possession the various articles from the spot, including the blood control earth, a pair of chappals and hockey-sticks, etc. All the articles were sealed into separate parcels and deposited in the Malkhana. He also got the site photographed and prepared the site-plan. On the same day, he succeeded in arresting all the accused and at the instance of accused Ram Chander and Subhash recovered two daggers Ex.P-4 and P-6 from a pit near the shop of a Bharbhunja in Raghbir Nagar itself.

(3.) After the prosecution led evidence, the statement of the accused were recorded. All the accused denied the prosecution case in toto. Accused Ram Chander took the plea that he was not present at the spot whereas accused Subhash pleaded that injuries were inflicted by Ramesh, deceased and he has been falsely implicated in this case by the complainant party due to the previous enmity. However, none of them produced any evidence in defence.