TELLU Vs. STATE

JUDGEMENT

(1.) This criminal appeal has beenpreferred by the appellants-convicts Tellu and Uttam againstthe judgment of conviction and order of sentence passed on18th of July, 1983 by Shri R. C. Jain, Additional Sessions Judge.whereby they were convicted for the offence under section 302Indian Penal Code read with section 34 Indian Penal Code . and sentenced thereunder toundergo imprisonment for life.

(2.) The first information in this case was given by Smt. Sudamawife of the deceased Ram Karan and her statement was recordedby Sub Inspector Joginder Singh of police station Nangloi, Delhi;according to which she along with her deceased husband RamKaran was living in railway quarter No. E-24/C, Nangloi, Delhi,and the deceased was working in railway department at NangloiStation as a gang man whereas her in-laws resided in villageDhanwas, Police Station Khajni, District Gorakhpur. AccusedTellu was a resident of that very village and was known to themand had his lodging and boarding with them for about twomonths in the aforesaid railway quarter 8/9 months prior to theoccurrence and when he went back to his village he took awaysome miscellaneous household goods of Ram Karan deceasedwith him about which even though no report was lodged withthe police by Ram Karan and his wife, they continued demanding the same or compensation in lieu thereof. There was factionalism in the said village and it is alleged that the Brahmans of thatvillage used to harass Ram Karan, and Tellu appellant who wasa member of their own community also started harassing themunder the influence of the Brahmans of the village and he sent314 letters asking them to come back to the village but apprehending trouble they did not go to the village.

(3.) The occurrence is alleged to have taken place at about11 P.M. in the night intervening 13th and 14/01/1982 inthe house of the deceased. As per the prosecution case the deceased along with his wife Smt. Sudama and their children weresleeping in the room in their house after taking meals and atabout II P.M. in the night the deceased went to the court-yardof his house for urination when both the appellants Tellu andUttam who were perhaps hiding themselves in the rear portionof his house started beating him and on hearing the alarm(Bachao Bachao) Smt. Sudama immediately came out of theroom and saw that appellant Tellu who had a open knife in hisright hand attacked her husband in the abdomen and appellantUttam who too had a knife in his hand attacked her husbandwith the knife on his left leg and as a result of those injuriesblood started ozing out from the wounds. She also raised analarm to the effect 'Bachao Bachao' and 'Pakro Pakro' and onhearing the same the neighbours Shiv Ram and Kallu and otherpersons came there and the appellants fled away having openknives in their hands. Smt. Sudama brought her husband to thehospital with the help of Shiv Ram, Kallu and other persons andgot him admitted there. She complained to the police that boththe appellants, with common intention, had attempted to murderher husband on account of old enmity and with the intentionof taking revenge. The aforesaid statement of Smt. Sudama wasrecorded by S. I. Joginder Singh in Northern Railway CentralHospital, New Delhi, where the doctor declared injured RamKaran unfit for making a statement. The said statement ofSmt. Sudama was forwarded by S. 1. Joginder Singh along withhis own endorsement thereon to police station Nangloi for theregistration of the case under sections 307134 Indian Penal Code . and the casewas accordingly registered against the appellants.