RAMESH Vs. STATE

JUDGEMENT

(1.) This judgment will dispose of four appeals filed by the four accused who were tried together and convicted by a learned Addl. Sessions Judge, Delhi vide impugned judgment dated 29th April, 1993 for offences under Sections 147/302/149, Indian Penal Code and sentenced to life imprisonment for offence under Sections 302/149, Indian Penal Code and a fine of Rs. 1,000.00 each and for six months R.I. for offence under Sections 147/149, IPC. In fact there were five accused allegedly involved in the incident. The trial of one of them, namely, Manglu was separated because he was entitled to be tried under the Juvenile Justice Act, 1986.

(2.) Briefly the facts are that deceased Kishori used to run a tea stall in front of the shop of Rajan Katyal Public Witness Public Witness 1 at 83, Chitragupta Road. Delhi. On the night between 10th and 11th June, 1991 at about 2 a.m., Kishori was allegedly beaten by the five accused as a result of which he fell unconscious. Mahender Mandal Public Witness Public Witness 9, the watchman of the area had allegedly seen the incident and was an eye witness alongwith another person Harbans Yadav Public Witness Public Witness 11, a rickshaw puller who also allegedly happened to be present at the time of the incident. According to Mahender Mandal, Kishori was present at his tea stall at that time when one Manglu was passing by, Kishori asked Manglu as to why he was there at such an odd hour. He also questioned Manglu that was he there to commit theft ? -On this Manglu allegedly told Kishori that he was anemployee working at Sapna Hotel, Pahar Ganj. Kishori snatched the danda from the watchman (Mahender Mandal) and hit Manglu with the danda. Manglu left the place saying that he will teach Kishori a lesson for beating him. After some time, he returned with four other boys. One of them, Riazuddin snatched the lathi from Mahender Mandal and gave beating to Kishori while others beat Kishori with kicks and fists. Harbans Yadav the other eye witness was also allegedly present on the scene at this time. He is also stated to have received a lathi blow at the hands of accused Riazuddin. The assailants continued to beat Kishori and he fell down. All the accused persons ran away towards.the Sapna Hotel. The two eye witnesses lifted Kishori from the place he fell and placed him in front of shop No. 86. In the morning at about 7.30 a.m., Mahender Mandal went to inform about the incident to Rajan Katyal in front of whose shop Kishori was running the tea stall. Rajan Katyal came to the spot and with the help of Mahender Mandal and Harbans Yadav, he took Kishori to lrwin Hospital in a three-wheeler scooter. Kishori later in the evening died in the hospital.

(3.) The FIR was registered on the basis of statement of Rajan Katyal which appears to have been recorded between 8.30 and 9 p.m. on 11th June, 1991. The time of recording the FIR is given as 9 p.m. According to the MLC of Kishori he was brought to the hospital by Rajan Public Witness Public Witness 1 at8.30a.m.on 11th June, 1991. In the MLC Ex. Public Witness Public Witness 16/A, it is recorded that the patient was brought with alleged history of being found unconscious outside shop of the owner. He was unconscious at that time and was declared unfit for staternent. According to the death summary Ex. Public Witness PW 16/C the patient was deeply unconscious and not responding to painful stimuli. His blood pressure began to fall after admission in the hospital with pulse rate slowly increasing. Pupils began diluting after some time. His condition continued to deteriorate. At 5.30 p.m. the patient was declared dead. The cause of death was given as head injury.