- (1.) These two appeals by special leave are directed against the judgment of a Delhi High court dated 6/05/1977 rendered in Criminal Appeal Nos. 292 and 319 of 1976 and Murder Reference No. 8 of 1976. Criminal Appeal No. 407 of 1978 is by Dharam Pal challenging the validity of his conviction and sentence of life imprisonment awarded under S. 302, IPC. Criminal Appeal No. 408 of 1978 is by the informant in the case seeking sentence of death to Dharam Pal and also challenging the acquittal of three accused, Surinder Kumar, Sliresh Kumar and Shankar.
(2.) The prosecution story runs like this. Geeta, Public Witness 1 originally had some love affirm with Dharam Pal. Later she developed strong dislike towards Dharam Pal and refused to marry him. Her parents also did not approve of this alliance. Geeta was residing with her parents in one of the quarters at Laxmi Bai Nagar, New Delhi. On 11/06/1975 at about 3 p. m. , Geeta and her mother Smt. Janki Devi were inside the house. Then somebody knocked at the door from outside. On hearing the knock, Geeta and her mother came for opening the door. But they became suspicious since the hole in the door had been blocked by placing lingers on it. They peeped outside from the window and found Dharam Pal standing with three other persons. The three other persons are Surinder Kumar, Suresh Kumar and Shankar. They asked Geeta to open the door, but she refused to do it. After a shortwhile, the said persons forced entry into the house by breaking open the door. Dharam Pal was the first to enter the house. He was holding an open chura in his hand. His three companions followed him. On seeing an open chura in the hand of Dharam Pal, Geeta out of fear rushed to the kitchen and bolted herself from inside. Dharam Pal wanted to chase her, but Janki Devi stood in front of Dharam Pal and stopped him from proceeding further. At this stage, Dharam Pal inflicted injuries on Janki Devi with the knife. Geeta raised an alarm. Then the said persons fled away from the scene of occurrence. Janki Devi in spite of being fatally injured opened the door and went to the stairs and cried. Upon hearing the cry, the neighbours Bai Kishan Vaid, Public Witness 20 and Raniakant Public Witness 22 came to the house. Janki Devi told them that it was Dharam Pal who stabbed her. Bai Kishan hurriedly went out to call a doctor. Before the doctor came, she succumbed to her injuries.
(3.) It may be mentioned that Dharam Pal and his companions came by a taxi No. DLT 1348. Vijay Bahadur Singh, Public Witness 6 is the Taxi Driver. They stopped the taxi nearby the house of Janki. But while returning, all of them did not go together. Dharam Pal after the incident ran towards eastern side, while the others ran towards western side. They went and took that taxi and disappeared.;