SURINDER PAL @ BILLOO Vs. STATE OF DELHI

JUDGEMENT

(1.) THE appellant being convicted under Section 302 IPC in terms of the impugned judgment dated 02.09.1996 in Sessions Case No. 30/96, FIR No. 118/90, P.S. Sultan Puri and on being sentenced to undergo imprisonment for life and also to pay a fine of Rs. 5,000/ - and in default of payment of fine, to undergo RI for further period of six months, has preferred the instant appeal.

(2.) BRIEFLY stated, case of the prosecution is that on 01.06.1990 at about 6:12 p.m., an information was received at the police control room about a quarrel at Budh Vihar, Phase -I. Said information was conveyed by lady Constable Manju of PCR to the P. S. Sultan Puri, which was recorded as DD No. 16A (Ex.PW20/A) at 6:15 p.m. Copy of the DD report was entrusted to Head Constable Jaswant Singh, who left for the spot along with Constable Prahlad Singh(PW7). At 6:16 p.m. another message was received at the Police Station that a person had been stabbed with a knife by one Surender at the Nala of Budh Vihar. It was recorded as DD No. 17A(Ex.PW20/B) and the copy of the report was forwarded to SI Dhan Singh, through Constable Ravinder Kumar.

(3.) PW 3 Dharamjit Singh (complainant) is stated to have disclosed in his complaint Ex.PW3/A that on the day of occurrence, he was taking tuition of children and Omvir (deceased) was sitting there. At about 5:30 p.m., Rajnish (PW9) son of the deceased came running and told that Surender Pal @ Billoo and his family members would be beating Sanjay S/o Omvir. On this, Omvir left along with his son Rajnish and he (complainant) apprehending that quarrel may not flare up, followed them, and when he reached near his house, he saw appellant Surender Pal @ Billoo chasing Omvir (deceased) with an open knife. He then picked up a "saria" (iron rod) lying in his house and ran after the appellant Surender Pal @ Billoo in order to scare him. By that time, Surender had pushed the deceased on the ground and he stabbed the deceased on his neck and chest while saying "Aaj Tera Kaam Tamam Hi Kar Dete Hun". Thereupon, he (complainant) and Sanjay challenged the appellant with a view to save the deceased and he (complainant) gave a "saria" blow on the head of the appellant, as a result whereof, the appellant left Omvir and pounced upon Sanjay and tried to stab him with the knife. Sanjay, in retaliation, gave danda blow to the appellant, as a result of the impact, the knife broke and its blade fell down. Since the deceased Omvir was bleeding profusely, they attended to him and brought him to the Pushta, where he fell down and succumbed to his injuries.