HARI KISHAN Vs. STATE

JUDGEMENT

(1.) Two persons, one Ramesh Babu and the appellant Hari Kishan were charged by the learned Addl. Sessions Judge, Delhi, for the murder of Ram Ditta Mal. Ramesh Babu was acquitted while [Hari Kishan appellant was convicted by his order dated 24-12-81. By a separate order of even date the appellant was sentenced to undergo imprisonment for life. There is no acquittal appeal against the acquittal of Ramesh Babu. We are not as such concerned with it.

(2.) The facts are that the deceased Ram Ditta Mal in partnership with Public Witness 2 Tajinder Singh was running Vikas Restaurant. D-L-F-32, Najafgarh Road, Industrial Area Moti Nagar. On the relevant date he was at the cash counter of the restaurant in the absence of his partner who had gone to see a movie. It wss on 28th November 1980. At about 11.15 P.M. while he was closing and counting cash he asked the appellant, who was a waiter in the restaurant, to place his dinner at the first table near the counter. After counting and closing the cash he came and sat on the chair to dine Hari Kishan appellant was standing nearby when the acquitted accused Ramesh, who was also working in the restaurant and used to bake Rotis, came and stood behind the appellant. Hari Kishan is then alleged to have suddenly attacked the deceased from behind with a daggar which hit him under armpit. The dagger got stuck in the body. The deceased grappled with the appellant and when the appellant made attempt to take cut the dagger its handle was broken, and the blade fell on. the ground. The appellant is again alleged to have lifted the blade and attacked again which the deceased allegedly warded with his right arm Ramesh who was allegedly holding the deceased then exhorted the appellant to give another blow and not to miss the opportunity. Thereafter, the appellant is again alleged to have attacked which the deceased again warded with his left hand. On the alarm being raised by the deceased both the appellant and Ramesh are said to have escaped from the rear door. The deceased then cams out from the front door e and after informing Public Witness 1 Ramesh that he has been stabbed by Hari he fell unconscious. Tills is the story unfolded by the deceased himself in his dying declaration recorded by Harbans. Lal S.I. and testified to by Dr. P. C. Mahakud Public Witness 18.

(3.) The version of the incident as put forward' by Public Witness 1 Ramesh Chand is that immediately after the incident the deceased Ram Ditta Mal came out of the hotel and told him that he has been stabbled by Hari Kishan who has escaped, that after saying so the deceased fell down and he was bleeding profusely. He has further added that he stated looking for a scooter but in the meantime Ramesh baker also came out of the Vikas restaurant and told him that he has also been injured by Hari Kishan.