DHIR SINGH Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) By this appeal, the two appellants DM Singh and Doonger Singh who are father and son, are challenging their conviction under Section 302 of the Indian Penal Code for having murdered one Subhash @ Bhasi on 1st July, 1983. They are further challenging the order sentencing each of them to imprisonment for life.

(2.) We have gone through the record with the assistance of Mr. Srivastava, learned counsel for the appellants. As we are affirming the findings, we do not consider it necessary to notice the facts of the prosecution in detail as those have been extensively dealt with by the learned trial court. The gravamen of the allegations against the appellants were that two days prior to the date of incident, there was a quarrel between Subhash (the deceased) and Doonger Singh @ Babli, who were both residents of J. J. Colony, Mangolpuri, Delhi. The deceased's mother, PW-4 Smt. Darshana has deposed to that fact in the following words :-

(3.) The appellants in their statements under Section 313 of the Code of Criminal Procedure, when asked about the said quarrel, replied that they did not know about it. However, in a suggestion made to PW-1 Surinder Pal, it was practically admitted that there was such a fight about 2 or 3 days prior to the date of incident. We are of the view that the prosecution has established through the testimony of Smt. Darsbana that there had been a quarrel between the appellants and her son two days prior to 1st July, 1983 and that on the date of the incident, Dhir Singb was the one who had gone to the house of the deceased at about 9 P.M. and took him away. Darshana's elder son Surinder Pal (Public Witness -I), who is a three-wheeler scooter driver arrived home at about 10 P.M. when his mother told him that Subhash had been called by Dhir Singh and had not by then returned. It was at that time that she informed him about the earlier quarrel. Thereupon, Surinder Pal left his house in order to search Subhash. On his way, he met Satpal (Public Witness -2) who is also a scooter driver and Subhash Chand (Public Witness -3), both of whom were of the same locality. They all proceeded towards the house of Dhir Singh. At this stage, it is appropriate to quote from the testimony of Surinder Pal :-