PREM BAHADUR Vs. STATE

JUDGEMENT

(1.) The sentences of both the appellants in this appeal were suspended vide order dated 10th August 1993, passed by this Court during the pendency of the appeal. In view of the dismissal of the appeal, the bonds furnished by the appellants are ordered to be cancelled and the appellants arc directed to surrender before the Chief Metropolitan Magistrate, Delhi, forthwith to serve their sentences. The Chief Metropolitan Magistrate will take all necessary steps in this behalf.

(2.) Briefly the facts are that one Ganga Sahai was allegedly stabbed by appellant Prem Bahadur at about 9.00 p.m. on 23rd Febi dary, 1983 near a common water tap in the street at Gali No. 8, Nehru Nagar, Anand Parbat, Delhi. As per the prosecution case appellants 0m Prakash and Inderpal caught hold of Ganga Sahai and exhorted Prem Bahadur to kill him. Prem Bahadur who had a knife with him, gave two knife blows to Ganga Sahai - one in the abdomen and the other close to the first blow backwards. As a result of the knife blows Ganga Sahai fell down in the street. The three accused fled from the place. Sheela Devi, wife of Ganga Sahai watched this incident from a close angle. With the help of others Sheela Devi put Ganga Sahai first on a cot and thereafter removed him to Hindu Rao hospital in a taxi. PW-17, Bindeshwer Saha also watched the incident and accompanied Sheela Devi to the hospital in taxi. Ganga Sahai died in the hospital on 19th March, 1983 at 4.50 p.m., i.e. on the 24th day of his being admitted to hospital. Prem Bahadur was arrested on 24th February, 1983. He made a disclosure statement and got recovered the weapon of offence, Om prakash was arrested on 1st March, 1983 while Inderpal was arrested on 11th March, 1983.

(3.) The police got into action on the basis of a telephonic message given by somebody from the locality that a quarrel was taking place in the street and knife blows were being exchanged. This message was recorded vide D.D. Entry No. 138 on 23rd February, 1983 at the Police Control Room at 9.26 p.m. It is Ex. Public Witness 14/A. The P.C.R. informed the Police Station at Patel Nagar where DD. No. 56 B was made at 9.50 p.m. on the same day about this incident vide Ex. PW-15/A. The place of occurrence fall within the jurisdiction of Police Post Anand Parbat, therefore, message was passed on to the said police post and was recorded there vide DD No. 34 at 9.55 p.m.. Ex. Public Witness 20/A. S.I. Ishwer Singh was deputed to the spot. He took along with him four constables. On reaching the spot at about 10.15 p.m. he did not find any eye witnesses. He left for the hospital along with one constable leaving the other three constables at the scene of occurrence. At the hospital he recorded the statement of Sheela Devi who was present there. The said statement is Ex. Public Witness 1 / A. The said statement formed the basis of FIR No. 108 (Ex. Public Witness 5/A), recorded at Police Station Patel Nagar at 12.15 a.m. on 24th February 1983 under Section 307/ 34, IPC.