JAI BHAGWAN Vs. STATE

JUDGEMENT

(1.) The appellant Jai Bhagwan s/o Rameshwar stands con-victed in Sessions Case No. 223/90 in FIR No. 30/90 for the offence under Section302, Indian Penal Code by the learned Additional Sessions Judge, Delhi.

(2.) The facts leading to the filing of the present appeal assailing the convictionand sentence imposed, shortly stated, are that Dharam Pal (deceased) and JaiBhagwan (convict/appellant) were residing in the neighbourhood in VillageSurehara; that a plot of land admeasuring 100 sq. yds. was sold for Rs. 9,000.00 byDharam Pal and his brothers to Jai Bhagwan; that half of the sale considered waspaid whereas half remained payable by Jai Bhagwan; that on demand, there wasrefusal to pay, the remaining sale consideration and Jai Bhagwan used to utter filthylanguage; that on 9/04/1990 at about 12.30 p.m. Kartar Singh, brother and GianChand, brother-in-law of Dharam Pal had come to and were in the house of DharamPal and both were talking with each other; that at about 1 p.m., both heard the cries"Bachao-Bachao"; that both came out of the house and saw Jai Bhagwan, residingin the adjoining house, was attacking Dharam Pal with an axe whereupon bothraised cries and Jai Bhagwan ran away towards the well alongwith the axe; thatKartar Singh and Gian Chand tried to apprehended Jai Bhagwan but in vain, thatKartar Singh gave a telephonic message to P.S. Jaffar Pur which was recoided andD.D. No. 9-A at the police station at 1.30 p.m. informing about the occurrence.

(3.) Thereafter the S.H.O. and the other police persons came to the place ofoccurrence which was near the house of Kartar Singh and Dharam Pal; thatstatement Ex. Public Witness Public Witness 10/A of Kartar Singh was recorded; that the SHO recorded theRukka for registration of the case and the same was sent to the concerned policestation on the basis of which fermal FIR, Ex. Public Witness Public Witness 2/Bwas recorded that in the courseof the investigation, the statement of the prosecution witnesses were recorded andsite plan. Ex. Public Witness Public Witness 13/A prepared; that vide seizure memos, blood soaked earth andcontrolled earth was lifted from near the dead body and other articles recovered;that the weapon of offence was recorded at the instance of Jai Bhagwan; that postmortem was conducted on the dead body of Dharam Pal; that on completion of theinvestigation, charge-sheet was filed against Dharam Pal for the offence underSection 302, IPC. The prosecution, in order to bring the guilt home to the accusedJai Bhagwan, adduced oral as well as documentary evidence. The statement of theaccused was recorded under Section 313 of the Criminal Procedure Code withregard to the circumstances incriminating against the accused emerging from theprosecution evidence. The learned trial Judge, appreciating the prosecution evi-dence considering the statement undersection 313 of the Criminal Procedure Codeand the defence evidence, found the accused guilty for the offence charged andsentenced the appellant to suffer imprisonment for life. It is this conviction andsentence imposed which have been assailed in thisappeal by the appellant/convict.