DELHI ADMINISTRATION Vs. CHARANSINGH

JUDGEMENT

(1.) Charan Singh aged 26 years, and Satish Chander,aged 18years, were tried in the Court of learned Additional Sessions Judge, Delhi, for an offence under section 302 read with section 34 of the Indian Penal Code, and were acquitted. The Delhi Administration has filed this appeal against the acquittal of Charan Singh.

(2.) The prosecution case is that during the days of the present occurrence Public Witness Hans Raj was running a hotel under the name and style of New Vaishnu Grand Hotel on Hardhian Singh Road, Karol Bagh, Delhi. Sultan Singh deceased, aged 18 years, was working as a bearer in that hotel. On July 3, 1964 at about 9.15 p.m. the two accused came to the above hotel. Charan Singh accused then asked for6 chapatis. As a very large number of customers were taking their meals in the hotel at that time, Sultan Singh, deceased, told Charan Singh accused that the chapatis would be served first to those persons who were taking meals in the hotel and after that the chapatis would be supplied to Charan Singh. Charan Singh thereupon gave a push to Sultan Singh and also gave him a slap. Sultan Singh then caught hold of Charan Singh's hand and asked him as to who he was to ask for the chapatis in perference to others. Satish Chander accused then asked Charan Singh to tell Sultan Singh as to who they were. Charan Singh and Suitun Singh then grappled with each other. Sultan Singh was pushed back by Charan Singh accused and thereafter Charan Singh took out a knife from his Dhab and gave two or three blows to Sultan Singh deceased. Sultan Singh on receiving the knife injuries fell down on the chair which was lying at a distance of ten feet from the place where injuries were received by him. Satish Chander accused then ran away from the hotel through the back door. Charan Singh also escaped through the same door after picking up his turban which had, during the course of occurrence. fallen on the ground. Knife too was taken away by Charan Singh. The different persons taking their meals in the hold then left the place. The occurrence was witnessed amongst other-. by Baldev Raj, Prem Singh d Raibat Singh, employees of the hotel. Hans Raj proprietor of the hotel then took Sultan Slngh in his car to the Irwin Hospital.

(3.) ASI Sardar Singh on the night of occurence was going towards the police-station after investigating another case. When he was near the New Vaishnu Grand Hotel he learnt of the occurrence and immediately rushed to the hotel. When the Assistant Sub-Inspector reached there, he saw Hans Raj taking Sultan Singh deceased to the hospital in his car. ASI Sardar Singh met Baldev Raj (Public Witness ) and recorded his statement Exhibit PB at 9.50 P.M. In that statement Baldev Raj gave details of the occurrence as given above. The names of the two culprits were not given, but their description was given and it was stated that Baldev Raj was in a position to identify them. The report Exhibit PB was sent to police-station Karol Bagh at a distance of about one furlong from the place of occurrence. A formal First Information Report was prepared at the police-station at 10.25 P.M. and a case under section 307 of the Indian Penal Code was registered.