JAI PAL SINGH Vs. STATE

JUDGEMENT

(1.) The case of the complainant which emerges from the evidence led by the prosecution may shortly be stated as under: that on March 6,1990 at about 1.00 p.m., PW2 Bhuvnesh Kumar alongwith his father known as Kunwar Pal ( hereinafter referred to as the deceaseed to facilitate the reference) called on his maternal uncle, Public Witness 7 Ramesh at his house at S-166/15, Baba Lakhi Nath,Ward No. 3, Mehrauli, New Delhi. While he and his father i.e. the deceased and aforesaid PW7 Ramesh were taking tea Jai Pal ( hereinafter referred to as the appellant for the sake of convenience), his brother Bijender, his son Dashrath @ Pappu and one Ajay Pal Singh also arrived at his house. Ramesh (Public Witness 7) also entertained them with tea. The appellant herein is the maternal uncle of the wife of PW7 Ramesh. They fell to talking. The appellant while talking to the deceased went into his tantrum and alleged that he ( i.e. the deceased) had falsely implicated him in a criminal case for having committed the murder of one Shakti Singh in the village. It was on account of this fact that he had to leave his village. It led to an altercation in between his father and the appellant whereafter he and the deceased left the house of PW7 Ramesh. Ramesh, however, accompanied them. They were followed by the appellant and his above-named associates. When they arrived at 'near a plot belonging to Baba Lakhi Nath,Ward No. 3, Mehrauli at about 3.15 p.m., accused Dashrath @ Pappu and Bijender caught hold of the deceased while the appellant picked up a stone from the stones lying at the plot and hit his father on hi s head. He and PW7 Ramesh tried to come to the rescue of the deceased. However, he was not allowed to do so as he was caught hold of by the brother-in-law of the appellant known as Ajay Pal Singh who shoved him aside. He thereafter hit him with a brick many a times on his head and forehead. PW4 Ramesh could not free his father from the clutches of the appellant and his associates. After having been hit he fell on the ground. The appellant was wearing a monkey cap ( Ex. P5) which fell down at the spot. The appellant and the accused persons after having caused injuries to him and his father took to their heels. He raised an alarm which drew the attention ofPW3 Kuldeep Singh and a Home Guard i.e. PW1 Digambar Singh. PW3 Kuldeep Singh chased the appellant. He succeeded in apprehending one of them i.e. the appellant. He and his father were removed to the hospital on the instructions of PW3 Kuldeep Singh through PWI Digambar Singh who got them admitted there.

(2.) Someone from amongst the members of the public informed the police with regard to the abovesaid incident. The said information was recorded at Sr. No. 8A of the daily diary vide Ex. PW5/A. A copy of the said information was entrusted to SI R.P. Rao (Public Witness 14). On receipt of the said information he alongwith Constable Paras Ram (Public Witness 4) set out for the spot. After having reached there he found over there PW3 Kuldeep Singh and PW7 Ramesh. He further came to know that the appellant had already been apprehended. He was further apprised of the fact that the injured persons had already been removed to the All India Institute of Medical Sciences with the help of PWI Digambar Singh. Consequently he left for the AIIMS alongwith Constable Paras Ram (Public Witness 4). He made enquiries over there with regard to the injured persons. Both of them were found admitted in the hospital. The deceased was declared unfit for the statement by the doctor (vide Ex. PW14/B) whereas his son PW2 Bhuvnesh Kumar was found fit to make the statement. He recorded the statement of PW2 Bhuvnesh Kumar vide Ex.PW2 / A Ex. PW14/C He sent the said statement to the Police Station alongwith his endorsement thereon (vide Ex. PW14/A) through Constable Paras Ram for registration of die case. Whereupon an F.I.R. was recorded by PW8 Kishan Lal who was working as the Duty Officer on March 6,1990 at 5.15 p.m. at the Police Station, Mehrauli (vide Ex. PW8/A) under Sections 307/34 of the Indian Penal Code. After having registered the case a copy of the F.I.R. was sent back to SI R.P. Rao (Public Witness 14) for the purposes of investigation.

(3.) Subsequently, on the same day at 5.30 p.m. an information was received by PW8 Kishan Lal from the All India Institute of Medical Sciences with regard to the death of the deceased. PW8 HC Kishan Lal recorded the said information at Sr. No. 12A of the daily diary vide Ex. PW8/B. On receipt of the said information the case was converted into one under Sections 302/34 from 307/34 of the Indian Penal Code.