SURINDER SINGH Vs. STATE

JUDGEMENT

(1.) Surinder Singh, the appellant, and Paramjit Singh,be that the time of the incident 19 years of age, were prosecuted under Section 302 read with Section 34 of the Indian Penal Code for having murdered Mahinder Lal.

(2.) According to the prosecution on November 2, 1973 Mahinder Lal, deceased accompanied by his brother, Harbans Lal (P. W. 1) and friends, Gopal (P. W. 2), RajinderSingh(P. W. 14) went to see a drama being staged at Lakshmi theatre in Kirti Nagar, New Delhi. They arrived there between 9.00 and 9.30 P. M. Ravi Kumar had parked his three-wheeler scooter No DLR 8498 outside the theatre and the five persons mentioned above went inside to witness the drama. At about 11.00 P.M. Ravi Kumar cams out to answer a call of nature and found that his scooter was missing. He made enquiries from people at the cycle-stand and then went inside and told Mahinder Lal about his scooter missing. Mahinder Lal and Rajinder Singh came out with Ravi Kumar and they were searching for the scooter for abot 10 or 15 minutes when it was seen coming from Moti Nagar side. Two boys alighted from the scooter. These boys were alleged to be Surender Singh and Paramjit Singh. Mahinder Lal is alleged to have enquired From the boys as to why they had taken away the scooter. He received a curt reply from Paramjit Singh and this led no an exchange of hot words and filthy abuses. Paramjit Singh is then alleged to have exhorted Surinder Singh to catch hold of Mahinder Lal and beat him. The words alleged to have been uttered were to the effect, "Pakar Sale Ko Maar". Another version of the words alleged to have been uttered were "Maar Bhainchod Ko". VOn this exhortation Surender Singh is alleged to have taken out a knife while Paramjit Singh accused held Mahinder Lal in his grip. Surender Singh is then alleged to have stabbed Mahinder Lal on his domen on the right side and after stabbing him alleged to have handend over the knife to Paramjit Singh who made good his escape. Meanwhile Harbans Lal and Gopal are also stated to have come out and are alleged to have seen Mahinder Lal in a wounded condition. Surender Singh was caught at the spot thought Paramjit .Singh is said to have escaped. Surender Singh was then taken to Police Station Tilak Nagar by Harbans Lal and Gopal while Mahinder Lal was allegedly taken to Rana Nursing Home by Rajinder Singh and Ravi Kumar. An undisclosed person is said to have declared Mahinder Lal dead when he reached the Nursing Home. His dead body was brought to his house by Rajinder Singh and Ravi Kumar. At Police Station Tilak Nagar, Ha"bans Lal produced Surender Singh and lodged a report that he had stabbed Mahinder Lal. That report is Exhibit P.A. As the occurrence did not fall within the jurisdiction of Police Station Tilak Nagar, Harbans Lal and Gopal along with Surender Singh were sent to Police Station Moti Nagar with constable Nem Singh (P.W.9). A formal FIR is said to have been lodged at Police Station Moti Nagar, which is Exhibit PE. Investigation of the case was entrusted to Sub-Inspector Dalbir Singh, Public Witness . 19, who arrested Surender Singh and interrogated him in the presence of Chaman Lal, Public Witness . 16, and Sub-Inspector Mahinder Singh, Public Witness . 17. Surender Singh is said to have made a disclosure statement that he could point out the hut where Paramjit Singh was living and then Surender Singh is said to have led the police party to that hut near a 'Ganda Nalah' in Basai Darapur and Paramjit Singh who was said to be sleeping in that hut was arrested. On his personal search a blood-stained knife is said to have been recovered. Thereafter the blood-stained clothes of Surender Singh and Paramjit Singh were taken into possession which are Exhibits P. 10 to P. 14. After making investigation the two young man were charged under Section 302 read with Section 34, Indian Penal Code for having committed the murder of Mahinder Lal. They were committed to session.

(3.) The Additional Sessions Judge, Delhi, gave Paramjit Singh the benefit of doubt and acquitted him. He, however, convicted the appellant, Surender Singh, under Section 302 Indian Penal Code and sentenced him to undergo imprisonment for life. Surender Singh now appeals to this court.