SAROOP PARDESI AND ANOTHER Vs. THE STATE

JUDGEMENT

(1.) SAROOP Singh and Salwant Singh motor drivers and residents of Inder Puri, Delhi, were convicted under section 302, Indian Penal Code, and sentenced to death by the Additional Sessions Judge, Delhi.

(2.) THE prosecution case is that Hukam Chand deceased owned a number of taxi cars. He had an office at Gurdwara Road. On the evening of the 21st December, 1962, he was standing in front of his office on the footpath near his car No. DLF 4311. The time of the day was 5.45 P.M . His son Chander Mohan P.W. 7 was in the verandah of the office, alongwith one Harkishan Lal P.W. 5 who had come there for the purpose of making a telephone call. Sarup Singh accused armed with a kirpan and Salwant Singh armed with a scythe (drant) came from the side of the street No. 66 and started inflicting injuries on the head and neck of Hukam Chand. Hukam Chand fell down on receiving the injuries. The accused ran away towards the street No. 66 from where they had come. An alarm was raised by Rattan Lal P.W. 1, an employee of the deceased. Ram Sarup Sharma, P.W. 6, an astrologer, who has his office on the first floor of No. 2239, Gurdwara Road, on hearing the commotion rang up the Flying Squad informing them that there was some dispute (Jhagra) going on down -stairs. It is also the prosecution case that Rattan Lal chased the accused but without success. Having failed to catch the accused, he came to the office of Ram Sarup P.W. and requested him to inform the police. Ram Sarapmang up the local police informing them that two persons had killed Hukam Chand and had run away. Within five minutes of the telephone call the Flying Squad came and removed Hukam Chand to the Irwin Hospital who was then bleeding profusely. Soon after the local police also arrived. The police recorded the statement of Rattan Lal P.W. and sent it to the police station for purposes of registration of the case. Thereafter the statement of Chander Mohan P.W. 7 was recorded. The spot was inspected and rough sketch of the spot Exhibit P.Y. was prepared. Various articles belonging to the deceased alongwith the blood -stained earth were removed and taken into custody (vide recovery memo. Exhibit P.E.). Hukam Chand died in the hospital at 8.30 p.m. without regaining consciousness. The accused persons were arrested from their houses the same night between 8 and 9 p.m. by Mehar Singh, Inspector Police, P.W. 18. The case was investigated by Sub Inspector Vidya Sagar of Karol Bagh Police Station, P.W. 25,

(3.) THE accused were charged under section 302/34, Indian Penal Code, and were tried as they pleaded not guilty to the charge.