GHAMALU RAM Vs. STATE

JUDGEMENT

(1.) This appeal by Ghamalu Ram is directed against the judgment of an Additional Sessions Judge dated 17.4.93 convicting him u/s 302 Indian Penal Code and also the order dated 20.4.93 sentencing him to imprisonment for life and to pay a fine of Rs.l,000.00 . In default of payment a fine he was to further underto SI for three months.

(2.) Case of the prosecution as"borne out from the chargesheet filed u/s 173 CrPC, in brief, is that on 4.6.86 at about 10.25 PM an unknown person informed on phone that a quarrel is going on at house no. 20/83 Kalyan Puri. This information was recorded in the DD at serial no. 58B and a copy thereof was sent to SI Gulshan Kumar, Public Witness 23 for enquiry. Public Witness 23 along with constables Mahesh Chand, Public Witness 1, Kanta Prasad, Keshav Kumar, Public Witness 20, and HC Ishwari Dutt reached the said place. There Public Witness 23 found Paras Ram lying in a pool of blood. He was having injury on the left side of the neck. Paras Ram was sent in a Government vehicle to the hospital through HC Gajraj Singh, PW 18. Ram Vilas, Public Witness 15, met Public Witness 23 at the spot and he got his statement Exhibit PW 15/A recorded to the effect that that day at about 10.15 PM he was present in his house and on hearing noise he came outside in the street. He saw Paras Ram and Ghamalu Ram were quarreling with each other and Agnu, Public Witness 16 was standing on one side. Within his sight Ghamalu Ram who was holding a knife in his hand, inflicted a knife blow on the left side of the neck of the Paras Ram as a result whereof he started bleeding. In the meantime Ghamalu Ram fled from the spot along with the knife. A number of residents of the mohalla reached there. Public Witness 16 was saying that the quarrel between the two had taken place on chilam. After making endorsement Ex. PW 23/A statement Ex. Public Witness 15/A was sent by Public Witness 23 to the police station for registration of the case and thereupon FIR (carbon copy Ex. Public Witness 14/C) was recorded. It is further stated that Public Witness 23 took into possession from the place of occurrence blood, blood stained earth, control earth, one brick having blood stains and a pair of chappals allegedly belonging to Ghamalu Ram, accused vide memo Ex. Public Witness 5/A. Paras Ram was declared dead in the hospital and after conducting inquest proceedings his body was sent for postmortem. Dr. 401 Bharat Singh, Public Witness 9 by whom the postmortem was held vide report Ex. P\V 9/A, has opined that injury no.l on the neck of the deceased was sufficient to cause his death in ordinary course of nature and death was due to haemorrhage and shock resulting from the injury to the left lung. Articles seized from the spot were sent to CFSL. It is further stated that on 27.6.96 on the pointing out of Public Witness s 15 and 16 accused was apprehended at about 7.30 PM from Janta Flat, Delhi Development Authority Opposite Block No.8, Trilok Puri and on the disclosure statement made by him, knife Ex. PI used for inflicting injuries to the deceased was recovered on 28.6.96. Public Witness 23 recorded statements of Public Witness s and got the scaled site plan of the spot prepared. After completion of investigation challan was filed by SHO, Kalyan Puri.

(3.) In the statement recorded u/s 313 Criminal Procedure Code plea taken by the accused is that he was a tenant under. Ram Vilas, Public Witness 15 who wanted him to be evicted from the tenanted accommodation. Public Witness s 15 and 16 and Bachu Lal, Public Witness 8 are related to each other. He had gone to his native village in district Basti, many days before the alleged occurrence and when he returned he was arrested by the police and implicated falsely in this case at the behest of Public Witness s 15, 16 & 8. He has further stated that he came to know that Param Ram received injuries in a quarrel at the hands of Public Witness 8.