Decided on January 16,2007



R.S.SODHI, J. - (1.) Criminal Appeal 144 of 1982 as also Criminal Appeal 84 of 1983 seek to challenge the judgment and order of the Additional Sessions Judge, Delhi, in Sessions Case Nos. 71 of 1981 and 72 of 1981, arising out of FIR No. 79 of 1981, Police Station, Sultanpuri, Delhi whereby the learned judge vide his judgment and order dated 28.7.1982 has acquitted Ram Murti and Ranbir Singh of the offences punishable under Section 302 IPC and Section 323 read with Section 34 IPC while giving them benefit of doubt in Sessions Case No. 71 of 1981 titled 'State vs. Ram Murti etc.' However, the learned Judge went to hold accused, Dharam Pal guilty of the offence punishable under Section 304 Part-I IPC. He was, however, acquitted of the offence punishable under Section 323 read with Section 34 IPC in Sessions Case No. 71 of 1982. Dharam Pal was further held guilty for an offence punishable under Section 27 of the Indian Arms Act, 1955 and accordingly convicted in Sessions Case NO. 72 of 1981. Further, by his order dated 28.7.1982 the learned Judge sentenced Dharam Pal to undergo rigorous imprisonment for five years together with a fine of Rs.1,000/- for the offence punishable under Section 304 Part-I, IPC in Sessions Case No. 71 of 1981 and in default of payment of fine further simple imprisonment for a period of three months. He was also sentenced to undergo rigorous imprisonment for two years for the offence punishable under Section 27 of the Indian Arms Act in Sessions Case No. 72 of 1981. Both the sentences were directed to run concurrently.
(2.) Brief facts of the case, as have been noted by the learned Additional Sessions Judge, are : "That Karan Singh deceased was the brother of accused Ranabir Singh and Dharam Pal. Accused Ram Murti was related to him as the uncle. All of them used to reside in village Ranikhera, within the jurisdiction of Police Station, Sultanpuri. Sometimes, prior to the date of the occurrence, deceased, accused Dharam Pal and Ranbir and their 4th brother Kartar got effected partition of their houses and pursuant to that settlement, the house adjoining the house of Subedar Lakhi Ram fell to the share of accused Dharam Pal and Ranbir and their 2rd brother, Kartar. On the date of the occurrence i.e. On 17.5.1981, a partition wall was being constructed by accused Dharampal and Ranbir so as to separate their portion from the portion of Kartar Singh and in that process, they are stated to have encroached upon some portion of Kartar Singh. It is alleged that on 17.5.1981, at about 6.30 p.m., Karan Singh (deceased) went to the said house and had some altercation with the three accused out of whom accused Ram Murti was armed with a gandala, scuffled with Karan Singh and beat him with bricks, etc. When Karan Singh ran out of the house in order to save himself, all the three accused chased him. Ram Murti accused gave a gandala blow and accused Dharam Pal gave a knife blow in the right side abdomen of Karan Singh, as a result of which he fell down and later succumbed to his injuries. The said occurrence is stated to have been witnessed by Smt. Pushpa (PW-1) and Mukesh (PW-6), daughter and son of the deceased respectively and Smt. Kishni (PW-8). The former two are also stated to have received some injuries at the hands of the accused in the process of rescuing their father. Many persons of the village also collected on the spot. Police on being informed, reached the spot and registered the case on the basis of complaining statement of Smt. Pushpa and took up investigation by getting the scene of crime photographed, collecting the sample blood, controlled earth and seizing the various articles viz. gandala and chappals on the spot and the clothes of the deceased. The weapon of offence, i.e. The knife was recovered by the Police at the instance of accused, Dharam Pal, on the night intervening 17/18.5.1981. Postmortem examination was also got conduct conducted on the body of Karan Singh. Police also got accused, Ram Murti and Ranbir and Pws Pushpa Devi and Mukesh medically examined. After completion of the investigation, Police submitted challan against the three accused as above. Charges under Section 302 IPC read with Section 34 IPC and Section 323 IPC read with Section 34 IPC were framed against all the three accused (in S.C. 71/81) while a separate charge under Section 27 of the Indian Arms Act, 1955 was framed against accused Dharam Pal (in S.C. 72/81), to which charges the accused persons pleaded not guilty and claimed trial".
(3.) The Prosecution, in order to support its version, examined 20 witnesses. Of these, PW-1, Pushpa Devi, PW-6, Mukesh and PW-8, Smt. Kishni, are the alleged eye witnesses of the occurrence while the other witnesses are formal in nature.;

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