AZAD SINGH Vs. STATE

JUDGEMENT

(1.) Azad Singh, appellant was convicted for the offence under Section 340(1) of Indian Penal Code and sentenced to Rl for 7 years. The period already undergone by him was set off by virtue of Section 428 Cr. PC. He filed the appeal through Superintendent, Jail. At his request. Miss Nandita Chandra, Advocate was appointed amicus curiae. She worked hard on the case and ably put the arguments before this Court.

(2.) The circumstances under which Azad Singh was apprehended in brief, are : that one Shri Jai Parkash alongwith his family members was residing at House No. WZ-162, Shadipur, New Delhi. Azad Singh accused was in occupation of a nearby house bearing No. WZ-171. He was living alongwith his family and parents. As the story goes, one Shri Harkesh nephew of Jai Parkash had illicit relations with the wife of Azad Singh. He was spending all his salary on that woman. Ramesh is the elder brother of Harkesh. He was aware of this relationship. For days prior to the date of the incident, Ramesh alongwith his uncle Pratap Singh advised Azad Singh accused that he should keep his wife under control. This was not to the liking of Azad Singh and he exchanged hot words with them. On 30-3-1983 at about 9.15 p.m. Jai Parkash, his elder brother Ramesh and uncle Pratap Singh went to the house of Azad Singh to sort out the matter Jai Parkash called Azad Singh out and they again told him that he should keep his wife under check, so that the life of Harkesh is not ruined. Azad Singh flew into rage and started hurling abuses telling those persons that they were unnecessarily bringing bad name to his wife. Pratap Singh tried to send Azad Singh inside the house but the latter took out a chhuri and gave blows on the left side of the chest and arm of Pratap Singh. On receipt of the injuries, Pratap Singh fell down. Jai Parkash and Ramesh caught hold of Azad Singh with the chhuri. In that process, Azad Singh also received minor injuries. They immediately raised noise, on hearing of which, many persons of the mohalla assembled. Jai Parkash and one Ashok Kumar took Partap Singh to the Willingdon Hospital in a three-wheeler scooter, where the doctors declared him dead. Message was flashed to the Police Station, as a consequence of which. SI Didar Singh first went to the hospital, procured the medico-legal report, recorded the statement of Jai Parkash and got registered a case under Section 302 Indian Penal Code. He also collected the blood-stained clothes of Partap Singh from the hospital. Thereafter, he came to the spot, got the scene of the occurrence photographed and plan prepared. The weapon of offence was taken into possession. Blood was lifted from the spot, statements of the witnesses were recorded, the accused was arrested Jai Parkash was also got medically examined. During the course of the investigation, the 10 obtained the post mortem report, completed the investigation and filed the challan.

(3.) The accused pleaded not guilty to the charge and claimed trial. The prosecution examined a number of witnesses out of which Jai Parkash and Ramesh are the witnesses of the actual occurrence. The accused while <PG>72</PG> under examination under Section 313 Cr. PC admitted that Pratap Singh, Jai Parkash and Ramesh were living near his house in village Shadipur. Shri Harkesh, his friend, was on visiting terms to his house. He, however, denied that Harkesh had illicit relations with his wife Saroj or he was spending his salary on her. He denied having attacked Pratap Singh or had given him chhuri blows. In fact, Pratap Singh and his companions had come inside his house and shouted to kill him. They started giving him beating. He acted in his self-defence. The knife used by him was not a chhuri but a small kitchen knife. He, however, led no evidence in defence. The learned lower court on consideration of the oral as well as documentary evidence on record believed the prosecution version and convicted and sentenced the accused as stated earlier.