Decided on March 08,1983

STATE OF DELHI Respondents


M.L.Jain - (1.)The case of the accused is that Dayanand Rana and his friend Sardool Singh used to write love letters to the daughter of their neighbour Lajpatrai Bansal and throw them in the staircase. One such letter fell into the hands of Padam Singh who gave it to the girl. She complained to her father who along with Ramgopal Rana father of Dayanand Rana went to the house of PadamSingh and reprimanded him. It is further their case that Dayanand and Sardool Singh threatened to deal with him. On the other hand, the case of the complainant is that Padam Singh used to tease the said girl to which Dayanand and his friend objected and this annoyed the accused persons. Whatever be the truth but it is certain that the parties were at loggerheads over this matter.
(2.)On 17-2-1980 Padam Singh accused appellant lodged areport with the Police Station Ashok Vihar at about 12.45 p.m. that Rana and one Sikh whose name he did not know gave him a beating. At the same time, the police received information that one Sardool Singh was admilted in a seriously injured condition in the Hindu Rao Hospital. Sardool Singh was even found unable to make any statement. Investigation showed that Sardool Singh had come to the house of his friend Rana and he had come out to see him off. At that time Padam Singh and his brother Tika Ram began to abuse Daya Nand Rana. Sardool Singh told Padam Singh that he was doing so for no reason. Tika Ram then said that since Sardool Singh was a well-wisher of Dayanand, he will be dealt with first. Sardool Singh was then secured by Tika Ram and Padam Singh took out a Gupti from its sheeth and inflicted four injuries to Sardool Singh with it. The accused thereafter ran away from the scene. After investigation and trial, the learned Addl. Sessions Judge convicted Padam Singh and Tika Ram under S. 307 read with S. 34 IPG and he also convicted Padam Singh under S. 27 of the Arms Act. Hence, this appeal.
(3.)Having heard the learned counsel and perusing the record, it is quite apparent that the victim Sardool Singh was attacked by Padam Singh without any rhyme or reason and if he had not been operated in time, the injuries would have certainly resulted in his death. He wanted to be clever by reporting the matter to the police first in time but truth could not be suppressed. Therefore, the appellant Padam Singh has been rightly convicted and there is no scope to interfere with these findings.

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