OM SINGH @ OMBIR Vs. STATE DELHI ADMN

JUDGEMENT

(1.) THESE two appeals bearing Crl. A. No. 127/1999 titled as Om Singh v. State and Crl. A. No. 278/1998 titled as Rajesh @ Bhondu v. State Delhi Admn. were heard together. Accordingly, a common order is passed disposing of both these appeals. Both the appellants were convicted by Sh.H.P.Sharma, the then Additional Sessions Judge, Delhi for an offence under Section 302/34 IPC vide judgment dated 29th April, 1998 and sentenced to life imprisonment and a fine of Rs. 5,000/- (Rupees Five Thousand) each vide order dated 30th April, 1998.

(2.) THE facts of the prosecution case are that on 29th October, 1993 at about 10.00 p.m., the appellant Om Singh @ Ombir visited the shop No. A-1/8 in Block A-1 Market, Nand Nagri of the deceased Shankar and started a murderous attack on him. It was the case of the prosecution that Om Singh attacked Shankar with a knife as a consequence of which the deceased Shankar, received 32 injuries on different parts of his body. The deceased came on the road while bleeding and ran up to about 40 paces before falling. So far as the appellant Rajesh @ Bhondu is concerned, the role attributed to him was that while Om Singh was attacking the deceased Shankar, he had exhorted the latter by uttering the words Maar Sale Ko. Isko Pata Chale Ki Gawahi Kaise Dee Jaati Hai . He was also carrying a screw driver in his hand. Both Om Singh and Rajesh were alleged to have fled in a three wheeler scooter from the spot while as on the basis of information received at the police station a DD entry No.17A is purported to have been recorded by the local police and handed over to ASI Balkishan PW-13 who along with Constable Chander Prakash PW-8 came to the spot i.e. shop bearing No.A1-6, Nand Nagri where he saw a pool of blood not only in the shop of the deceased but a trail leading up to the main road. PW-13, ASI Balkishan learnt about the factum of injured having been taken to the GTB Hospital by a PCR Van. He deputed Chander PW-8 to remain on the spot and proceeded to the GTB Hospital where he obtained MLC of the deceased who was injured at that point of time. In the MLC, it was recorded by PW9 Dr. Lalita Sharma who had prepared the same that the injured Shankar, (since deceased) was fit to make statement. The injured had been referred to the Operation Theatre for surgery. ASI Bal Kishan PW-13 went to the Operation theatre where he is purported to have recorded the statement of the injured Shankar Ex.PW13/A in the presence of Dr.Umesh Madan. The injured Shankar in his statement had categorically stated that Ombir had made a murderous attack on him and inflicted several knife blows with the intention to eliminate him. The reason for making such an attack was that injured s son was a witness in a criminal case against Ombir. Shankar also made a mention about the fact that number of persons had seen Ombir fleeing from the spot. On the basis of this statement, PW-13, ASI Balkishan came to the spot and sent a Rukka Ex.PW13/A to the police station on the basis of which an FIR bearing No.442/93 under Section 307 IPC is registered, which was subsequently converted into Section 302/34 IPC on account of the death of the injured Shankar on the same night at about 12.05 a.m. i.e. 30th October 1993.

(3.) THE prosecution in support of its case has examined 18 witnesses namely:- PW-1 Prem Singh, PW-2 Vijay Kumar, PW-3 Dr.K.K.Tyagi, PW-4 Sh.Thomson Massey, PW-5 SI Mohan Singh, PW-6 Sh.H.C. Srinivas, PW-7 ASI Harkesh, PW-8 Constable Chander Prakash, PW-9 Dr.Lalita Sharma, PW-10 Constable Raj Kumar, PW-11 SI Mahesh Kumar, PW-12 Constable Parmod Singh, PW-13 ASI Balkishan, PW-14 Head Constable Shivji Singh, PW-15 Dr.Rajesh Kumar, PW-16 Constable Pramod Kumar, PW-17 Om Prakash and PW-18 SI Yogesh.