DIL BAHADUR ALIAS BAHADAR Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) The question which arises for consideration in this appeal is whether the appellant Dil Bahadur alias Bahadur was liable to be convicted and sentenced for the offence of murder punishable under Section 302 of the Indian Penal Code. The trial court by its Judgment dated 18th March, 1985, found him guilty for the said offence and sentenced him to R.I. for life. The reason for not imposing the death sentence was that the accused (appellant) was only 17 years of age at the time when the offence was committed on 4th of March, 1984.

(2.) Initially, the case was registered on the statement made by the injured Anil Gulati to Sub-Inspector Karnail Singh for the offence under Section 307 of the Indian Penal Code. This statement was made at about 3.30 p.m. on 4th March, 1984. As Anil Gulati expired in the hospital on that very day, at about 5.30 P.M., in the operation theatre, the offence was later on converted into one punishable under Section 302 Indian Penal Code There is no eye-witness to the occurrence. The prosecution case mainly depends upon the dying declarations made by Anil Gulati to various persons apart from the one made to Sub Inspector Karnail Singh. In that statement made to the Police which ias been exhibited as Ex. Public Witness IO/D, Anil Gulati stated that his servant Dil Bahadur had attacked him with a knife at about 12.30 P.M. inside his residence E-287, Narama Vihar, New Delhi. According to that dying declaration. Anil Gulati was about to go out of his house when his servant Dil Bahadur attacked him at about 12.30 P.M. with a knife firstly on his forehead and then on the left side of his neck and waist. To escape further assault. Anil Gulati. in the injured condition, scaled the wall dividing the front courtyard of his house from the next house i.e. E-286, Naraina Vihar, New Delhi and jumped into the other house.

(3.) Smt. Shanta Malhotra, Public Witness -2. who is the landlady of Anil Gulati and resided in the other house helped Anil Gulati in supporting him and taking him outside the house. It seems that on hearing the commotion, Shri Ram Narain who lived in front of the house of Shanta Malhotra came out . of his house. He put the injured in his car and took him to the hospital. Smt. Shanta Malhotra specifically averred that when she heard the alarm and the cries raised by Anil Gulati from his house, she shouted to him to find out as to what had happened. According to her, he replied :