PALSINGH Vs. STATE

JUDGEMENT

(1.) This is an appeal by Pal Singh 25), son of Bachiter Singh, resident of No. 207, Shalimar Park, New Delhi, who was convicted under section 302 of the Indian Penal Code and sentenced to imprisonment for life and also convicted under Section 324 of the Indian Penal Code and sentenced to rigorous imprisonment for one year with the direction that both the sentences would run concurrently.

(2.) Briefly, the facts are that on February 8, 1975 at about 9.30 p.m. Nand Lal (Public Witness 2), Chowkidar, happened to be sitting on a charpai along with his wife, Nandni (not examined), outside the godown of his factory, C-8/2, Industrial Area, Wazirpur, Delhi. The appellant along with his companion, Kishan Lal, came up and enquired of Nand Lal from where cigarettes and tea would be available. Nand Lal told them that it would be difficult to get cigarettes and tea and simultaneously enquired from where they had come. The appellant and his companion asked Nand Lal why cigarettes and tea would not be available from the shop opposite to that place and asked him to bring the same. Nand Lal refused to oblige saying that he happened to be on duty. The appellant and his companion insisted that he should fetch but Nand Lal did not agree Thereupon, the appellant sat on the charpai and said why he was not carrying out the command. Nand Lal called outKanhaiya(PW4), Chowkidar, employed at the adjacent premises. Kanhaiya along with his wife, Rukmani, came up. On being apprised of the situation, Kanhaiya asked why they were there and where from they had come. He was given the rebuff that he had no business to make such enquiries. Saying that it was a part of their duty, Nand Lal, Kanhaiya and Rukmani tried to catch hold the appellant and his companion, whereupon the appellant, took out chhuri from his right dub and stabbed Rukmani on the abdomen and Kanhaiya on the neck and made good their escape.

(3.) Kamaljit (not examined) gave information on telephone about the stabbing incident to police station Sarai Rohilla at 10 p.m. Constable Bhagat Ram (Public Witness 12) made entry (copy Ex. Public Witness Public Witness 12/A) in the daily diary and deputed A.S.I. Sardar Singh (Public Witness 16) to the place of occurrence and informed Police Control Room as well as the Police Post Ashok Vihar. Subinspector Ram Singh (Public Witness 18) of the Police Control Room rushed to the place of occurrence and removed Kanhaiya and Rukmani to the Willingdon Hospital where Dr. A.P. Bansal (Public Witness 1) examined the injured at 10.55 p.m. In regard to Kanhaiya the doctor noticed sharp incised wound just about left ternoclavicular measuring l"x4" with hae motoma and in regard to Rukmani he observed sharp edged wound over right lumber region measuring l"x4" with greater omentum out. He prepared reports Ex. Public Witness Public Witness I/A and Ex. Public Witness Public Witness I/B and referred Rukmani, who was in semi-conscious state, to the Surgical Wing. Sub Inspector Nar Singh (Public Witness 19), Incharge Police Post Ashok Vihar, who had also arrived at the place of occurrence, recorded statement of Nand Lal (Ex. Public Witness Public Witness 2/A) and forwarded the same along with his erdorsement (Ex. Public Witness Public Witness 19/A), for registration of case under Section 307 of the Indian Penal Code. In this way. Constable Ram Pat (Public Witness 7), who was functioning as duty officer, recorded formal first information report (copy Ex. Public Witness Public Witness 7/A) on the basis of the rukka and registered the case.