KAMAL SINGH Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment of learned Addl. Sessions Judge, Delhi convicting the appellant Kamal Singh of an offence punishable under Section 302, Indian Penal Code and sentencing him to undergo life imprisonment and also to pay fine of rupees one thousand. The appellant was also convicted alongwith three other accused under Section 323 read with Section 34, Indian Penal Code and for his conviction under Section 323, Indian Penal Code he was further sentenced to pay a fine of rupees five thousand and in default of payment of fine he was required to undergo simple imprisonment for six months. The other three accused were also tried for offence punishable under Sections 302/34, Indian Penal Code but were acquitted.

(2.) Briefly the facts are that Khushi Rani Public Witness -16, father of the deceased went to Police Station, Mehrauli, New Delhi on 31st August, 1985 and lodged a report at 8.40 p.m. vide DD No l9-A (Ex. Public Witness 1/A) to the effect that KamalSingh, Sukhbir Singh,Tej Singh and Ranjit Singh had given beating to him as well as his son Dinesh. He requested for being provided with assistance. At 9.15 p.m. the statement of Khushi Ram was recorded by SI Raghubar Dayal, Police Station Mehrauli. This statement is Ex. Public Witness Public Witness 16/A and forms the basis of the FIR in the present case. The FIR is dated 31st August, 1985 and time of registration of the FIR as given in the FIR is 9.45 p.m. The tune of incident as given in the FIR is 8.00 p.m. The FIR was initially registered under Sections 307/324/323/34, Indian Penal Code as the victim Dinesh was still alive. The FIR under Section 307, Indian Penal Code etc. was later on converted into Section 302, Indian Penal Code etc., in view of the death of Dinesh Kumar in the hospital on the same night at 12.15. In his statement Ex. Public Witness Public Witness 16/A, Khushi Ram gave the following version of the incident:

(3.) Dinesh was got admitted in the hospital by his younger brother Ramesh at 9.30 p.m. as per the endorsement contained in the MLC Ex. Public Witness Public Witness 17/A. It is further noted in the MLC that it was a case of alleged history of assault approximately 45 minutes back. The patient was shown as conscious. Autopsy of Dinesh was conducted on 2nd September, 1985 at 11.30 a.m. Dr. T.D. Dogra of the All India Institute of Medical Sciences had conducted the autopsy. His autopsy report is Ex. PW 12/A. He appeared as Public Witness Public Witness 12. According to Dr. Dogra, following injuries were found on the body of the deceased :