JARNAIL SINGH Vs. STATE OF DELHI

JUDGEMENT

(1.) Jarnail Singh, the appellant herein, was charged with the offence of murdering Niranjan Dass alias Nanju resident of Jullundur on l8th February 1982 at about 7.45 p.m, in room No. 7 of hotel Venus, Paharganj. The Additional Sessions Judge who tried the case found the accused guilty of the offence charged with and sentenced him to imprisonment for life. Against his conviction and sentence the accused has come in appeal.

(2.) The case for the prosecution is this The deceased Niranjan Dass as well as P.W. 9 Tarsem Lalson of Milkhi Ram also a resident of Jullundur were dealing in the business of exporting man power to Iran and other foreign countries. Tarsem Lal would also arrange for employment in foreign countries through his contracts. The deceased Jarnail Singh and P.W. 5 Gian Singh were desirous of going abroad and they had approached Niranjan Dass and Tarsem Lal for making arrangements for their going abroad and they had given their passports and also money to Niranjan Dass. On 12th February, 1982 P.W. 9 Tarsem Lal came to Delhi in connection with his above business and he booked two rooms Nos. 7 and 27 in Venus Hotel, Paharganj. P.W. 9 was later on joined by Niranjan Dass, Jarnail Singh and Gian Singh. P.W. 8 Tarsem Lal son of Shanker Dass also happened to come to Delhi and he stayed with P.W. 9 Tarsem Lal in room No. 27. P.W. 5 Gian Singh, the deceased Niranjan Dass and Jarnail Singh stayed in room No. 7 (There is little discrepancy in the statements of the witnesses as to the room in which Jarnail Singh stayed. P.W. 10 Partapi Lal, a waiter in the hotel, stated that Jarnail Singh stayed in room No. 9). On the fateful evening of the occurrence, that is, 18th February 1982 at 7.45 p.m. the deceased Niranjan Dass and the accused Jarnail Singh are alleged to be taking liquor in room No. 7. Jarnail Singh asked the deceased to arrange for his going abroad and in case it was not possible for him to do so he should return his passport and Rs. 10,000/-. On that, it seems, there was a quarrel between the two and the accused is alleged to have taken out a small kirpan and given a blow with it on the forehead of Niranjan Dass. Niranjan Dass on receiving the blow bled profusely. The prosecution case further is that soon thereafter the accused was seen rushing out of the hotel by P.W. 13 Sat Pal, owner of the hotel and P.W. 14 Sumer Singh, manager of the hotel. Niranjan Dass was rushed to the Willingdon hospital by P.W. 8 Tarsem Lal. Niranjan Dass succumbed to the injury on 19th February, 1982. Dr. Bharat Singh performed autopsy on the dead body of Niranjan Dass and he found the following injuries: 1. One stitched wound on left side skull 1/2 above and outer to left eye placed horizontally. Size 2. One stitched operational wound on left side skull in a curved manner. On internal examination the doctor found that a portion of the left parietal and left temporal bone was missing in a diameter of 11/2. He further found a sharp cut on the dura mater. There was also a sharp cut on brain 11/2 deep with subdural haemorrhage on both sides all over. Blood vessels on left side of brain on the surface were cut and tied with sutures. There was no fissured fracture of the skull bone. The doctor did not find any alcoholic smell. The doctor further opined that the injury in question was possible by the kirpan Ex. P.2 and injury No. 1 was sufficient to cause death in the ordinary course of nature. The accused was arrested on 22nd February, 1982 and on a disclosure made by the accused a green towel was recovered from out of a hedge near the railway colony. The towel was found to be having stains of blood. The towel along with other articles of the deceased was sent to the Central Forensic Science Laboratory for examination and report. The clothes of the deceased were found to be stained with human blood of A group. The towel was found to be stained with human blood of AB group.

(3.) The accused in his statement at the trial denied the prosecution case in toto. The accused denied that he was at Delhi on 18th February, 1982 and was staying in room No. 7, Venus hotel. The accused stated that the police had let off the real assailants and implicated him falsely. There are two sets of witnesses in this case. One set of witnesses comprises of P.W. 5 Gian Singh P.W. 8 Tarsem Lal son of Shanker Dass and P.W. 9 Tarsem Lal son of Milkhi Ram. They are all residents of district Jullundur, and are common friends and were known to each other. The deceased also came from Jullundur and was known to the above said witnesses. The second set comprises of the hotel staff. P.W. 10 Partapi Lal, waiter, P.W. 13 Satpal, owner and P.W. 14 Sumer Singh manager of the hotel. P.W. 5 Gian Singh gave evidence that he had come to Delhi and stayed in room No. 7 of Venus hotel along with the deceased Niranjan Dass alias Nanju. He further deposed that Tarsem Lal (P.W. 9) also was staying in the hotel. The witness further deposed that when he was about to leave the hotel a short stature man came to Niranjan Dass and they started taking liquor and that he went upstairs. The witness further deposed that he did not know Jarnail Singh, accused. The witness was declared hostile and was cross-examined by the Additional Public Prosecutor. The witness denied to have stated before the police that it was Jarnail Singh who had given the kirpan blow on the forehead of Niranjan Dass. The witness in cross examination by the counsel for the accused stated that he saw a short stature person going out of the room wiping out his blood stained hands with, a towel and that person had left the towel in the room. The witness, stated that the green towel D-1 was similar to the towel left by that person. P.W. 8 Tarsem Lal supported the prosecution case regarding his stay in room No. 27 along with Tarsem Lal son of Milkhi Ram. He also supported the prosecution that Niranjan Dass and Gian Singh were occupying room No. 7 The witness further stated that he did not know Jarnail Singh accused present in court. Thus it will be seen that this witness has also not supported the prosecution case regarding the identity of the assailant of the deceased. P.W. 9 Tarsem Lal son of Milkhi Ram supported the prosecution case regarding the stay of Jarnail Singh accused, Gian Singh P.W. and Niranjan Dass deceased in room No. 7. He further supported the prosecution case regarding his stay and that of P.W. 8 Tarsem Lal in room No. 27. He further gave evidence that on 18th February, 1982 at about 9.10 a.m. he had gone to Nehru Place and from there he had returned in the evening at about 9.30 p.m. and on his return Gian Singh P.W. had told him that Jarnail Singh had killed Niranjan Dass. We may notice here that P.W. 5 Gian Singh in his deposition does not state of his having given any such information to P.W. 9.