DINESH KUMAR Vs. STATE

JUDGEMENT

(1.) This appeal by Dinesh Kumar is against the judgment dated the 26th July, 1985 of the Additional Sessions Judge convicting the appellant under Section 302, Indian Penal Code and sentencing him to rigorous imprisonment for life together with a fine of Rs. 5,000.00 . Briefly stated, the facts are as under.

(2.) The deceased Satya Parkash D.iwar (hereinafter referred to as 'Dawar') was a tenant of a shop in premises No. 4515, Gali Jatan, Sadar Bazar, Delhi. The owner was Mangal Sain, father of the appellant Dinesh Kumar. The tenant wanted to install a printing machine in the shop but the landlord objected to the same. He (Dawar) had bought the machine almost a week prior to the occurrence. On 26th February, 1984, which happened to be a Sunday, Dawar had arranged for a mechanic to install the machine in the shop where the machine had been earlier stored. Mangal Sain and his three sons Vijay Kumar @ Chinny, Vinod Kumar and Dinesh Kumar came to the shop and enquired as to what was happening. When informed that the machine was to be installed on that day and he (the tenant) was waiting for the mechanic, he was threatened by Mangal Sain and his sons that in case he dared to install the machine, he would lose his life. After giving the threat, Mangal Sain and his sons left the shop. Because of the threat and at the instance of his wife, Smt. Raj Rani, who was present in the shop, Dawar went to the Police Station, Sadar Bazar and lodged a report at 2.50 P.M. The translation of the Daily Diary has been exhibited as Public Witness 17/A. A.S.I. Ram Charan alongwith Dawar came to the spot but after remaining there for a couple of minutes, he left.

(3.) Immediately after the departure of the Police officer, Mangal Sain and his three sons came back to the shop. Two of his sons viz., Vinod Kumar and Vijay Kumar entered the shop and remarked to the deceased that he not only wanted to install the machine without permission but had even reported the matter to the Police against them and, therefore, deserved to be taught a lesson. Those two held Dawar by his hands and dragged him out of the shop. Mangal Sain alongwith Dinesh Kumar was waiting outside. He caught hold of the deceased from his hairs "and almost fell him" on the ground. While holding Dawar (the deceased), the three of them, i.e., Mangal Sain, Vinod Kumar and Vijay Kumar exhorted Dinesh Kumar "DEKH KYA RAHA HAI MAAR DE SAALEY KO". On this call Dinesh Kumar whipped out a dagger and threatened Raj Rani not to come forward and then dealt a dagger blow on the left side of chest of Dawar. Satya Parkash Dawar was thereafter released. He (the deceased) pressed his wound with his hand and ran towards the shop, where he fall near the doorsteps. His wife Smt. Raj Rani kept a towel on the bleeding wound. She also raised an alarm, many persons collected at the spot, on hearing it.