NAUSHAD ALIAS BHURA Vs. STATE

JUDGEMENT

(1.) This appeal by Naushad @ Bhura is directed against the judgment dated August 28, 1993 and order dated August 30, 1993. of an Additional Sessions Judge, Delhi, whereby he was convicted and sentenced to undergo imprisonment for life under Section 302 of the Indian Penal Code (hefeinafter referred to as 'IPC').

(2.) The case of the prosecution in nutshell is that an information conveyed on telephone at about 11.45 AM on April II, 1991, in regard to assault on the head of a person with a hammer at premises No.A-253 (25 yards), Raghbir Nagar by Lady Constable Saroj (2693/PCR) was recorded in the Daily Diary at serial No.6 at Police Post Raghbir Nagar by Constable Rattan Chand Public Witness 12 and copy thereof was entrusted to Head Constable Azad Singh Public Witness 14, who alongwith Constable Virender Kumar Public Witness 7 left for the above place for inquiry. Yet another information received through telephone around 11.45 AM from 0m Parkash, Duty Constable, RML Hospital, that Harpal Singh has been admitted in injured condition by Manjit Kumar Public Witness 3, was recorded vide Daily Diary No.8 at Police Post Raghubir Nagar and a copy thereof was handed over to ASI Mahinder Singh Public Witness 18 with instructions to take appropriate action. PW18 alongwith Constable Davinder Kumar Public Witness 15 reached RML Hospital and collected medico legal certificate (for short 'MLC') Ex.PW5/A of Harpal Singh who was declared unfit for making statement by Dr.Yogesh Marual Public Witness 8 at 1.15 PM. Thereafter Public Witness 18 alongwith Public Witness 15 left for premises No.A-253 and on reaching there Sis Pal Public Witness 2, who claimed to be an eye witness of the occurrence, met them. Public Witness 18 recorded the statement Ex.PW2/A of PW2 around 3.55 PM and after making the endorsement Ex.PW9/A that statement was sent by him through Public Witness 7 Virender Kumar for registration of a case and on the basis thereof FIR No.309/91 (carbon copy Ex.PW9/B) was recorded under Section 307 Indian Penal Code by Head Constable Hazari Lal Public Witness 9 against the accused. It is further stated that ASI Mahinder Singh Public Witness 18 lifted the sample blood from the spot and took the same into possession vide memo Ex.PW14/A. Hammer Ex.P1 allegedly used for assault, after preparing the sketch Ex.PW2/B, was further taken into possession vide memo Ex.PW2/D by Public Witness 18. Harpal Singh succumbed to the injuries on April II, 1991 itself and an intimation to that effect conveyed by Om Parkash Duty Constable at 6.15 AM was recorded vide Daily Diary No.17, copy Ex.PW10/C. SI Kishan Chand Public Witness 17, who conducted further investigation, prepared the inquest report Ex.PW13/D and sent the body of the deceased for post-mortem alongwith application for post-mortem Ex.PW13/C etc. On April 12, 1991 postmortem was conducted by Dr.L.K.Barua Public Witness 13 and Ex.PW13/A is the autopsy report. Inspector Rajinder Singh, SHO, Public Witness 16 took over the investigation from Public Witness 17 on April 15, 1991 and he arrested the accused on April 16, 1991 after he surrendered in court. He' also got scaled site-plan Ex.PW10/A prepared and filed the challan on completion of investigation against the accused under Section 302 IPC.

(3.) In his statement under Section 313 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.'), the plea taken by the accused is that he borrowed Rs.2,000.00 from Harpal Singh in 1989 for starting business of manufacturing scissors. He started the business with that amount and the money collected from other sources at his house in Subhash Mohalla, Mauzpur. However, he could not manage to return the loan amount to Harpal Singh. One day prior to the date of occurrence Harpal Singh alongwith his brother Sis Pal came to his house and demanded the money back. On inquiry as to what amount he had to pay, he was told to pay Rs.5,000.00 including the interest. There was exchange of hot words in between him and Harpal Singh on the quantum of money payable by him and Harpal Singh alongwith Sis Pal thereafter left the house. Sis Pal was running his own workshop in Brahmpuri in those days and on the date of incident he was seen by the people at his workshop from morning till 2.30 PM. He has emphatically denied that he assaulted Harpal Singh or that Sis Pal was present at the place of occurrence, as alleged.