KIRPA SHANKAR Vs. STATE

JUDGEMENT

(1.) APPELLANT Kirpa Shankar has been convicted for an offence punishable under Section 302 IPC in Sessions Case No. 47/1991 arising out of FIR No. 88/1991 registered at Police Station Model Town, Delhi for having committed murder of Mohinder Singh and sentenced to undergo imprisonment for life and also to pay a fine of Rs. 500/ -, in default, to undergo RI for a period of six months.

(2.) BRIEFLY stated, case set up by the prosecution is that on 10th May 1991 the appellant Kirpa Shankar had gone to see night show at Vijay Cinema along with his co -accused Rakesh and Zafar Ali. Mohinder Singh and PW -5 Abdul Aziz had also gone to see the night show at Vijay Cinema. During the interval, some talks took place between the appellant and the deceased Mohinder Singh. After the show was over, the appellant Kirpa Shankar, Mohinder Singh deceased and PW -5 Abdul Aziz left the cinema hall on a two -wheeler scooter No. DEU 4569. When they reached at a distance of 150 yards near the petrol pump, appellant raised a demand of Rs. 4,000/ - from the deceased and forced them to stop the scooter. Meanwhile, his accomplices Zafar Ali and Rakesh also arrived. It is stated that Kirpa Shankar warned PW -5 Abdul Aziz to stay near the scooter and he along with Zafar Ali and Rakesh took the deceased to the left side of the road. Appellant Kirpa Shankar asked the deceased to return his 4000/ - rupees failing which he threatened to kill him. Deceased protested that he owed no money to the appellant. Thereafter, at the instance of appellant Kirpa Shankar, Zafar Ali and Rakesh caught hold of the deceased and the appellant Kirpa Shankar gave 3 or 4 chhuri blows to the deceased. As a result of chhuri blows, deceased fell down and all the three accused including the appellant Kirpa Shankar fled away towards Lal Bagh. PW -5 Abdul Aziz took the deceased to Hindu Rao Hospital in a three -wheeler scooter where he was declared brought dead.

(3.) IT was further alleged that on the pointing of Abdul Aziz, appellant Kirpa Shankar as well as his co -accused Rakesh and Zafar Ali were arrested from the park C -Block, Industrial Area, Wazir Pur. On interrogation, they made disclosure statement. Appellant Kirpa Shankar in his disclosure admitted having committed the murder and stated that he had concealed the weapon of offence i.e. chhuri in the corner of the park. Thereafter, he led the police party to a corner of C -Block park and got the chhuri recovered. The sketch of the chhuri was prepared. It was sealed and taken into possession. The blood stained clothes of the appellant were also taken into possession and the case property was deposited in the malkhana. After completing necessary formalities of investigation, charge sheet against the appellant and his other co -accused was submitted in the Court.