OM PARKASH Vs. STATE

JUDGEMENT

(1.) Om Parkash alias Omi and Chuni Lal have been convicted under section 302/34, Indian Penal Code, and each of them has been sentenced to imprisonment for life by Mr. R. L. Gupta, Additional Sessions Judge, Delhi. Separate appeals challenging the convictions have been filed by Om Parkash and Chuni Lal. These are being disposed of by this judgment.

(2.) The prosecution case, in brief, is this. On the night of February 3, 1977 Head Constable Dhara Singh and Constable Ram Datt were patrolling their area on a motor-cycle. At 11.00 or 11.15 P.M. on their way to the car parking area of Ajmeri Gate from Turkman Gate they saw the appellants chasing Puran Singh (deceased), Om Prakash alias Omi appellant was carrying an open knife in his hand while Chuni Lal appellant was unarmed. Chuni Lal overtook Puran Singh near the iron railing of the parking area and gave first blows on his face. In the meantime Om Parkash reached there. Chuni Lal shouted "Omi mar chakoo", whereupon Omi gave a knife blow on the back of right buttock of Puran Singh. The head constable stopped his motor- cycle and ran after the assailants. Constable Ram Datt joined the chase. The head constable was able to apprehend Chuni Lal, Omi appellant, however, succeeded in escaping. He ran away towards the nearby railway bridge. Constable Ram Datt ran after him. One Udey Singh joined the constable in the chase.

(3.) Puran Singh, after receiving the injury, walked a few paces and fell down. The head constable noticed a cycle rickshaw and directed the rickshaw puller to take the injured to the Irwin Hospital. While the injured was being put in the rickshaw, a passport belonging to one Jagdish Chand fell from his pocket. This passport was picked up by the head constable. It was later on discovered that the passport had been stolen. The injured was medically examined at 11.20 P.M. by the doctor posted at the Casualty Department of the hospital and was declared dead. Constable Siri Niwas, who was on duty at the casualty, telephoned Police Station Kamla Market at 11.45 P.M. and informed the latter that an unkonwn dead man has been brought to the hospital by one Aslam. This information was conveyed to Inspector Bal Krishan Tanwar, Station House Officer of the Police Station. The Inspector alongwith Sub-Inspectors Neel Kant and Shiv Narain went to the hospital. After collecting the death certificate of the deceased all of them came to the scene of crime. Head Constable Dhara Singh made a statement (Exhibit Public Witness 1/B) which was recorded by Inspector Tnwar. At 1.05 A.M. this statement despatched to the police-station for registration of a case. Custody of Chuni Lal appellant was taken over by the Inspector. At about 2 A.M. Constable Ram Dutt came back to the scene and reported his failure to apprehend Omi appellant.