BHAGWAN SINGH Vs. STATE

JUDGEMENT

(1.) Bhagwan Singh appellant has been convicted under section 302 Indian Penal Code, for the murder of Ram Babadur Thapa and sentenced to imprisonment for life by Mr. K.B. Andley, Additional Sessions Judge, Delhi. The appellant has also been convicted under section 25 of the Arms Act and sentenced to rigorous imprisonment for six months with a. direction that both the sentences are to run concurrently. Bhagwan Sing happeals against his conviction and sentences.

(2.) The appellant lives in Gali Paharwali, Pahari Dheeraj, Sadar Bazar, Delhi. One 0m Parkash alias Khalifa deceased also used to live in the same locality. Khalifa and the appellant were at daggers drawn. Khalifa was murdered and the appellant was prosecuted for this murder. Ram Bhadur Thapa (deceased) and his brother Krishan Bahadur Thapa Public Witness PW, who were living in Gali Jattan nearby, used to go to court with the supporters of Khalifa deceased to watch appellant's trial. The appellant was acquitted in that case.

(3.) It is the case of the prosecution that on July, 26, 1975 at aboat 4 P.M. Krisban Bahadur Thapa Public Witness . was going on Sadar Nala Road for his house. When he reached near the corner of Gali Pabarwali the appellant met him. The appellant abused him and threatened to teach him a lesson for prosecuting the cases of the appellant's rival. Krishan Balhadur Thapa went to his house and informed his brother Ram Bahadur Thapa about the incident. Ram Bahadur Thapa advised his brother Krishan Bahadur Thapa to report the matter to the police as the appellant was a desperate type of person. Both the brothers, therefore, left their house for lodging a report with Police Station dar Bazar. When they reached the crossing of Sadar Nala Road and Gali Jattan, the appellant emerged from the direction of Gali Paharwali. The appellant had an open knife in his hand. Shouting that he would not spare them, he proceeded to attack Krishan Bahadur Thapa. However, Ram Bahadur Thapa came in between to protect his brother. The appellant gave aknife blow on the left side of Ram Bahadur's abdomen and another blow on the right buttock. On receiving the blows Ram Bahadur sat down on the ground. Krishan Babadur raised an alarm. He also tried to apprebend the appellant with the help of Mohinder Pal and Om Parkash, Public Witness PWs. but the appellant succeeded in making good his escape alongwith knife. Krishan Bahadur secured a three wheeler shooter rickshaw and took his brother Ram Bahadur to Irwin Hospital.