KRISHNA NAND SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Azad Singh, appellant was convicted for the offenceunder section 304(1) of the Indian Penal Code and sentenced to R.I. for 7 years.The period already undergone by him was set off by virtue of Section 428 Criminal Procedure Code. 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 has 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 atHouse 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 familyand parents. As the story goes, one Shri Harkesh nephew of Jai Parkash hadillicit relations with the wife of Azad Singb. He was spending all his salary onthat woman. Ramesh is the elder brother of Harkesh. He was aware of thisrelationship. Few days prior to the date of the incident, Ramesh alongwith hisuncle Partap Singh advised Azad Singh accused that he should keep his wifeunder control. This was not to the liking of Azad Singh and he exchanged hotwords with them.

(3.) On 30.3.83 at about 9.15 P.M., Jai Parkash, his elder brother Rameshand uncle Pratap Singh went to the house of Azad Singh to sort out the matter.Jai Prakash called Azad Singh out and they again told him that he should keephis wife under check, so that the life of Harkesh is not ruined. Azad Singhflew into rage and started hurling abuses telling those persons that theywere unnecessarily bringing bad name to his wife. Pratap Singh tried to sendAzad Singh inside the house but the latter took out a Chhuri and gave blowson the left side of the chest and arm of Pratap Singh. On receipt of theinjuries, Pratap Singh fell down. Jai Parkash and Ramesh caught hold of AzadSingh with the chhuri. In that process, Azad Singh also received minor injuries.They immediately raised noise, on hearing of which, many persons of themohalla assembled. Jai Parkash and one Ashok Kumar took Pratap Singh tothe Willingdon Hospital in a three-wheeler scooter, where the doctors declaredhim dead. Message was flashed to the Police Station, as a consequence ofwhich, S.I. Didar Singh first went to the hospital, procured the medico-legalreport, racorded the statement of Jai Parkash and got registered a case u/s 302Indian Penal Code He also collected the blood-stained clothes of Pratap Singh from thehospital. Thereafter, he came to the spot, got the scene of occurrence photographed and plan prepared. The weapon of offence was taken into possession.Blood was lifted from the spot, statements of the witnessess were recorded, theaccused was arrested. Jai Parkash was also got medically examined. Duringthe course of the investigation, the 1.0. obtained the post-mortem report, completed the investigation and filed the challan.