PUSHKAR SINGH Vs. STATE OF DELHI

JUDGEMENT

(1.) - On 2nd June, 1983, S.L Ram Kishore was on duty in the Police Control Room. At about 12.32 p.m. some unknown person gave a telephonic information that a rascal (hadmash) had fired at the Manager of M/s Krishna Flour Mill, 48, Najafgarh D.L.F. Industrial Area and had fled towards Zakhira in a car bearing no. WME 3572. This information was entered at Serial No. 56 of the Daily Diary of the Control Room aide Ex. P.W.7/A. Simultaneously another information to the same effect was received from another unknown person and recorded at serial No. 57 of Daily Diary Register of the Control Room vide Ex. P.W. 7/B. S.L Ram Kishore immediately flashed the message to Police Station Moti Nagar on telephone. Sub Inspector Jugal Kaur entered the said message at serial No 14-A of the Daily Diary Register (P.W. 18/A) at 12.35 p.m. After preparing the copy of the report, it was entrusted to Bambir Singh, S.I. who alongwith Constable Sumer Singh came to the spot. He found a number of persons present there. On enquiry, he came to know that the injured had already been removed to the hospital. Shri Sat Narain, an eye-witness of the occurrence, came forward to narrate the incident. In his statement, Ex. P.W. 3/A, he disclosed:

(2.) That he was a partner of M/s Durga Trading Company, Najafgarh Road. This company had taken over Krishna Flour Mill on lease. On that date i.e. 2nd June, 1983 at about 12.15 p.m. he was present in his office. Shri am Parkash Goel, the manager of their company was also present. Pushkar Singh who is servant of Deepak Dewan, proprietor of Krishna Flour Mill and resident of a quarter situated with, in the premises of the Mill, came in front of the office and shouted that they (officers of Durga Trading Company) Were to supply him the flour on Saturday but had not supplied the same; that he was dying of hunger and was being ill-treated and that he would see that justice was done to him. After making hue and cry for some time, Pushkar Singh went to his quarter. Within a minute or two, he came back with a revolver in his hand. While standing in front of the outer verandah, Pushkar Singh fired a shot in the air. On hearing the sound of firing am Parkash Goel came out and asked the accused as to why he was making noise and that he could take his ration of the flour. Shri O.P. Goel then came to the office. At that point of time, he (Sat Narain) suggested that Pushkar Singh (accused) might not take somebodys life by firing and that they should inform the Police. Shri am Parkash Goel then tried to make a call to the Police Control Room but Pushkar Singh while holding the revolver in his right hand rushed inside the office and threw the telephone instrument after snatching it from Shri Goels hand. Pushkar Singh then threatened that as per the directions of his employer he could throw everybody out of the mill. While saying so, Pushkar Singh fired a shot which hit am Parkash Goel on the left side of his chest. On receiving the shot, Shri Goel sat down after putting his hand on the chest. Thereafter Pushkar Singh pointed the revolver towards him (Sat Narain) but he hurriedly entered the adjoining room from where Shri Naresh Pun, Typist and Shri Inder Mal Gupta, the Clerk were watching the occurrence. After closing the door in between the two rooms, he (Sat Narain) came out of the office through the back door and sent for the car for removing Shri Goel to the hospital. Surinder Kumar driver of the car bearing No. RSM-9307 brought the car and Shri 0. P. Goel (the injured) alongwith Hira Singh and Tarsem Lal were directed to proceed to the hospital. Sat Narain then sent for the other car bearing No. WME 3572 which was parked in the premises of the mill. While driver Lal Bahadur was in the process of starting the car, Pushkar Singh placed the revolver on the temple of the drive r and forced him to drive the car towards Zakhira. Sat Narain further deposed that the whole occurrence was witnessed by many employees and workers of the factory, apart from some commission agents who had come to the mill to take delivery of the flour.

(3.) Underneath the statement of Sat Narain, the Sub-Inspector made his endorsement Ex. P.W.5/A and sent the Ruqa to the Police Station for the registration of the case. H. C. Bhoop Singh recorded the formal F.I.R. under section 307, IP.C. Its copy Ex. P.W. 5/B was sent to the La. for further investigation. Special reports of this incident were sent to the Ruqa Magistrate and other