SURINDER KUMAR AND ORS. Vs. STATE

JUDGEMENT

(1.) The appellants herein together with one Suresh Kumar alias Bunti and Mukesh Kumar were found guilty of the offence under Ss. 302/34 Indian Penal Code . and were sentenced so undergo imprisonment for life. Surinder Kumar and Mukesh were also found guilty under Sec. 27 of the Indian Arms Act and were further sentenced to undergo rigorous imprisonment for two years. The sentences were passed by an order dated 30th of March 1987 the date on which their order of conviction was recorded. The date of incident is 25th of June 1984 at 11.20 P.M. The deceased is one Kaptan Singh who was the brother of Balraj Singh, prosecution witness.

(2.) Stating briefly, the prosecution case is that Balraj Singh Public Witness Along with his brother Kaptan Singh deceased and on Dinesh and Prem were taking fruit juice near Shanti building on Mandoli road. While they were there Suresh one of the accused who is supposed to be known to Balraj and resides near old Sawheny factory, came to the juice shop to purchase fruits. Suresh is then said to have asked the shop -keeper to give fruits as they were required for Samey Pandit appellant. He sought priority over other customers. Prem one of the companions of the deceased objected and said that since they have come first they must get the preference. Suresh thereupon is stated to have defiantly told him "'don't you know Samey Pandit". Prem replied that Samey Pandit was not a God. There was exchange of hot words between Suresh and Balraj Singh and others and Suresh left the place thereafter remarking that he will teach them a lesson. Thereafter Prem is also stated to have left the place of incident. Within 5 to 7 minutes of this incident. accused Surinder and Samey came on motor cycle No. Den 2316 while the accused Mukesh and Suresh came on a scooter. Accused Suresh was carrying a bottle in his hand. After pointing out Balraj and his companions he is said to have exhorted to his accomplices that these are the persons and none of them should be allowed to escape. Accused Suresh thereafter hit the empty bottle on the ground and the broken pieces of glass are supposed to have hit on the left calf of Kaptan Singh. Accused Surinder and Samey are alleged to have taken out knives while Mukesh was holding a naked kirpan. Surinder accused thereafter is said to have given a knife blow on the right side of the abdomen of Kaptan Singh while Mukesh accused attacked with open kripan but the blow was warded off by Kaptan Singh. At this stage, the deceased together with Balraj Singh and Dinesh ran towards their houses but all the four accused chased them and the accused Samey gave a knife blow on the left buttock of Kaptan Singh. The prosecution case is that at this some people arrived on the spot and on finding the people crowding Samey and Surinder accused escaped on their motor -cycle while Suresh and Mukesh accused ran away from the spot abandoning their scooter. Balraj and Dinesh are said to have removed the injured Kaplan Singh to general hospital, Shahdara where within a short time after arrival he died.

(3.) The prosecution case further is that Dr. B.K. Tandon of the aforesaid hospital prepared the M.L.C. Ex.PW6/A of Kaptan Singh who was declared dead at about 11.30 P.M. on the same night. Since the telephone of the hospital was out of order, constable Ram Pal Singh who was on duty in the said hospital sent information in writing marked Ex. Public Witness 9/A through constable Raj Kumar Public Witness . 15 who happened to be in the hospital for the medical examination of one person namely Chanan Lal. Ram Pal Singh head constable recorded the Dd entry. 20A at 12 A.M. at police station Shahdara and a copy thereof was handed over to Inspector M.S. Sapra, S.H.O. Police Station Shahdara who along with other police officials went to the hospital, and collected the M.L.C. of the deceased. They further found Balraj Singh', brother of the deceased present in the hospital and recorded his statement. After endorsing the statement it was sent through constable Jwala Prasad to the police station where the duty officer recorded the F.I.R. at 2.20 A.M. marked Ex. Public Witness 17/B.