AMAR SINGH Vs. STATE

JUDGEMENT

(1.) These are two appeals bearing Nos. 191/92 and 199/92 preferred by Amar Singh and Ram Singh, real brothers, convicts/appellants (hereinafter referred to as the appellants for the sake of convenience) against the judgement and order dated September 19, 1992 passed by an Additional Sessions Judge whereby he found them guilty under Sections 302/34 and 307/34 of the Indian Penal Code. Both of them were sentenced to undergo imprisonment for life under Section 302/34 IPC with a fine of Rs. 500.00 each. In case of default of payment of fine they were further directed to undergo RI for six months each. They were further sentenced to undergo RI for four years with a fine of Rs. 500.00 each under Section 307/34 of the Indian Penal Code. In case of their failure to clear the fine they were further directed to undergo RI for six months each. The two appeals are being taken up together as they arise out of the same judgement and order.

(2.) The case of the prosecution as adumberated in the F.I.R., the report under Section 173 Cr. P.C. and the evidence led by the prosecution is as under; that PW 22 Khem Singh is a father of two daughters. The said daughters are married to Ram Chander and Bhole. DW 2 Mool Chand is the brother of the aforesaid Ram Chander and Bhole. His daughters were being ill-treated by their respective husbands, adverted to above. Nain Singh is the paternal uncle of the above named persons. Mool Chand with the said Nain Singh approached PW 22 Khem Singh and requested him to send his daughters to their matrimonial homes. He declined to do so. Subsequently, Lal Singh s/o Nain Singh lodged a false report with the police against him and his son Puran Singh. Onkar Singh (PW 1) and the deceased Raju are his nephews. PW 1 Onkar Singh whenever went to Meerut he always stayed with Khem Singh and thereby incurred the displeasure of Ram Chander and Bhole. PW 23 Nathi, maternal uncle of deceased, on February 5, 1984 went to Fazalpur District Meerut. He was having his ancestral house over there. Ram Chander and Mool Chand met him over there and told him that he would convey to Onkar that in case he continues to visit the house of Khem Singh they would break his legs. He conveyed this fact to his sister Smt. Madan Wati (PW 3), mother of the deceased Raju and PW 1 Onkar Singh when she called on him.

(3.) March 17, 1984 was the day of festival Holi. It was about 12.30 p.m. Tek Chand (PW 13), father of PW 1 Onkar Singh and the deceased Raju was sitting on a platform near Shiv Mandir which is quite close to his house. The above-named Mool Chand (PW 21) reached there and met PW 1 Onkar Singh. Onkar Singh asked him as to why did he threaten to break his legs in case he called on his uncle i.e. PW 22 Khem Singh at Meerut. Mool Chand denied the said fact. It led to a flaming row in between the two. Whereupon Onkar Singh left for his house in order to verify the said fact from his mother Smt. Madan Wati and call her to the spot to confront Mool Chand. When he returned he found Mool Chand missing from the spot where he had left him. He concluded that Mool Chand must have hidden himself in the nearby house of the appellants herein and their another brother Bhikan (acquitted by the lower Court vide the impugned judgement and order). The house of the appellants is located at No. 16/T-29, Anand Puri Chowk, Tank Road, Karol Bagh, Delhi, under police station Anand Puri. Consequently, he went to the abovesaid house and shouted from outside that house that the appellants and Bhikan should produce the said Mool Chand. On hearing the same wives of Ram Singh and Amar Singh came out and started hurling abuses at him. His brother Raju (hereinafter referred to as the deceased), mother Madan Wati (PW 3), father Tek Chand (PW 13) and a relation known as Bala Devi also reached there. The appellants alongwith their brother Bhikan also came out. They also abused him. The deceased intervened and asked them not to do so. He thereby incurred their wrath. Amar Singh appellant caught hold of the deceased. Bhikan exhorted the appellant Ram Singh who was wielding a knife to kill the rascals. Ram Singh appellant thereupon gave knife blows to the deceased on his person which resulted in injuries on his chest, right side of the abdomen and on his back. Onkar (PW 1) wanted to come to the rescue of his brother Raju, the deceased. However, he was not allowed to do so as he was caught hold of by Bhikan. Ram Singh Appellant also gave him a knife blow on his right hand. He gave another blow on his left arm pit. He further hit him with the said knife on the lower side of the back and on his shoulder. PW 6 Bala Devi tried to snatch the knife from Ram Singh. After having sustained the injuries the deceased fell down at the spot. Onkar (PW 1) in order to save himself fled from the spot. PW 11 Puran Chand, his uncle, met him on the way and took him to the R.M.L. hospital and got him admitted there. He came to know later on that Raju and succumbed to the injuries sustained at the hands of the appellant Ram Singh.