VENKATASWAMI Vs. STATE

JUDGEMENT

(1.) This is an appeal by Venkataswami (40) son of Chinna Swami, resident of Sector I, R. K. Puram, New Delhi, who was convicted under section 302 of the Indian Penal Code and sentenced to imprisonment for life.

(2.) Briefly, the facts are that on May 25, 1975 Rajan (Public Witness 3), Assistant Manager of Madras Coffee House run in Shop No. 4, Sector I, R. K. Puram, New Delhi informed Police Post Sector, 4 R. K. Puram, New Delhi, at 10.40 p.m. that a knifing incident had occurred in his hotel at 10.30 p.m. Constable Chiranji Lal was sent to the spot and a copy of the report was forwarded to Sub Inspector Dalip Singh (Public Witness 21), who happened to be on patrol duty at that time. Sub Inspector Dalip Singh rushed to the Coffee House and found that the injured had been removed to the Safdarjung Hospital. Accordingly, he went to the Safdarjung Hospital and approached the doctor for seeking permission for recording statement of Ram Raj, the injured, but the doctor declared him "not fit" for statement at 11.15 p.m. There Sub Inspector Dalip Singh contacted Gian Sagar (Public Witness 1), who was looking after the Coffee House in the absence of his father, the manager of the Coffee House. Gian Sagar informed that at 10.30 p.m. he was at the Coffee House and at that time Venkataswami, who was employed as a cook in the Coffee House, was taking meals sitting at an adjoining table and Ram Raj, who was employed as a bearer, was serving meals. He also stated that Ram Raj served curd twice to Venkataswami and as the demand was repeated Ram Raj represented that very little curd was left and that was to be used for preparing more curd and, thereupon, Venkataswami got enraged and shouted why he was not being served curd and picked up a chhuri lying on the nearby table and thrust the same in the abdomen of Ram Raj. Thereafter, he ran away carrying the chhuri along while Ram Raj, who was holding the abdomen with his hand, tried to come out but fell down on the ground and became unconscious. He further stated that Ram Raj had been removed to Safdarjung Hospital by Jackanand and Constable Chiranji Lal and that Raju and others had witnessed the occurrence. Sub Inspector Dalip Singh made a note of what was stated and got it signed by Gian Sagar in token of its correctness, and forwarded the statement (Ex. Public Witness PW1/A) alongwith his endorsement ( Ex. Public Witness PWI/B) to Police Station R. K. Puram for registration of case under Section 307 of the Indian Penal Code. ASI Phool Singh (Public Witness 6) who was then siorking as Duty Officer, recorded the First Information Report, copy of which w Ex. Public Witness Public Witness 6/A, on receipt of the communication at 12.30 a.m. and thus the case was registered.

(3.) Dr. R. C. Mehta recorded the time of arrival of Ram Raj at the hospital as 11.15 p.m. and noted that stabbing had been caused within half an hour in a quarrel in his report (Ex. Public Witness Public Witness 17/A) On examination, he made the following observations: