INDER SINGH Vs. STATE

JUDGEMENT

(1.) These three appeals are directed against the judgment dieted July 16,1992 by which an Additional Sessions Judge, Delhi has convicted appellant Kapur Singh for the offences punishable under Section 3021.P.C. and Section 27 of the Arms Act while appellant Inder Singh and Ramesh Kumar have been convicted of the offence punishable under Section 3021.P.C. read with Section 341.P.C. and order of the even date by which these three appellants have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000.00 each and in default of payment of fine to further undergo imprisonment for one year for offence of murder and Kapur Singh has been sentenced to further undergo three years rigorous imprisonment under Section 27 of the Arms Act.

(2.) Facts of the case are that Ashok Kumar, PW.8 was at the relevant time working as a Booking Clerk at Suraj Cinema which is located at Dhansa Road, within the jurisdiction of Police Station Najafgarh, Delhi. He had a brother named Satish who was not employed in any useful avocation at the relevant time.

(3.) On December 16,1983, which was a Friday, a new picture had been released at the aforesaid cinema and before the noon show, which was to commence at 12 Noon, Ashok Kumar, as usual, had come to the booking window for selling the cinema tickets for the noon show. Sri Bhagwan, PW.9 had come to Ashok Kumar at the said cinema and informed him that a quarrel was taking place with his brother Satish near Dhansa Bus Stand which is located admittedly at a distance of 100 metres from the said cinema. Immediately Ashok handed over the cash and the tickets to PW.6 Ram Mehar, Manager of the said cinema, and along with Sri Bhagwan, he rushed to the said bus stand and the time was about 11.20 a.m. There they saw that Ramesh Kumar, who was at that time employed in Water Supply Department, was seen holding Satish from his right hand whereas Inder Singh, S/o Late Dharam Singh, resident of Village Khera had secured his brother Satish within his grips from the front side and Kapur Singh, the third appellant, was seen having a knife in his right hand and the appellants were hurling abuses and giving threats to Satish uttering the words that Satish had not allowed them to take tickets of the cinema out of the queue and they would not spare him alive at that time. They also noticed that Satish was trying to pacify them asking them not to hurl abuses and Ashok also tried to pacify them and they also noticed that Satish was trying to get himself released from them but Kapur Singh stabbed Satish with the said knife on the waist under the left armpit and some blood oozed out from the injury. Ashok is stated to have raised analarm uttering the words "Bachao Bachao" and Constable Raj Singh, PW.10, who claimed to be on duty at the aforesaid cinema, on hearing the noise had come to the spot and had over-powered Kapur Singh and Kapur Singh, in order to get himself released, had given a tooth bite on the left hand finger of Raj Singh. Sri Bhagwan and Ashok Kumar, meanwhile, over-powei-rd Inder Singh, appellant, at the spot whereas Ramesh Kumar managed to flee from the place of occurrence.