Decided on November 10,1983

Vijinder Singh Appellant
STATE Respondents

Cited Judgements :-



MALIK - SHARIEF -UD -DIN, J. - (1.)SHRI O. P. Dwivedi, Additional Sessions Judge, Delhi found the appellant guilty under section 302 Indian Penal Code and sentenced him to undergo R.I. for life. The present appeal has been preferred against this order.
(2.)THE accused appellant came to be prosecuted before the learned Judge for having caused the death of one Jagdish by inflicting injury on the upper part of the front neck just above the thyroid cartilage of the deceased at about 4.45 A.M. on 2nd July 1979 while the deceased Jagdish was sleeping in the lane in front of house No. E -340 J.J. Colony, Shakurpur. This house belongs to his brother -in -law Prem Kishan Kaushik (P.W. 7) who along with his friend Ram Narain (P.W. 9) was sleeping on the terrace of the house and they were awakened by the cry of deceased, in the nature "Hai Mar Gaya". The wife of P. W. 7 Prem Kishan Kaushik together with her children and wife and children of Ram Narain were allegedly sleeping in the courtyard of the house. It is said that P.W. 7 Prem Kishan Kaushik together with Ram Naiain P.W. 9 and Jagdish deceased etc. had gone to attend a marriage party and since they had returned between 10 to 11 P.M. in the night, Ram Narain P.W. 9 together with his wife and children were sleeping in the same house.
The sequence of events further is that immediately on hearing the cries of the deceased P.W. 7 Prem Kishan Kaushik, P.W. 9 Shri Ram Narain and P.W. 8 Shand Devi, wife of P.W. 7 woke up simultaneously and saw the accused standing near the cot on which the deceased were sleeping. He was seen armed with a knife stretched towards the deceased. The accused was allegedly seen by Prem Kishan Kaushik P.W. 7 and Smt. Shanti P.W. 8 standing between the compound - wall often house and the cot facing toward the deceased while Ram Narain P.W. 9 saw the accused standing in the space across the lane with his face - toward the deceased. Immediately on being awakened, P.Ws. 7 and 9 raised an alarm but by the time they together with P.W.5 came out the accused is said to have escaped. P.W. 7 Prem Kishan Kaushik thereafter rushed to a telephone booth at a distance of about 200 yards and informed the police control room about the occurrence. After informing the police control room he came back in a three -wheeler which belonged to his friend and then he together with P.W. 9 Ram Narain removed the deceased to Willingdon Hospital where the deceased ultimately succumbed to the injuries at 2.10 P.M. on the same day i.e. 2 -7 -1979. The police control room transmitted this information to police station Punjabi Bagh which in its turn informed S.I. Lachhman Dass of Police Post Nangloi about whom by then the police station had learnt that he had already come to know about the incident and was busy with the investigation. P.W. 25 Lachhman Dass was on patrol duty along with the constable Shir Singh and when at about 5.30 A.M. he received information about the occurrence he went to the scene of occurrence and found that -the deceased had already been removed to Willingdon Hospital He then proceeded to Willingdon Hospital. He procures a M.L.C. from the doctor who was of the view that the deceased was not fit to make a statement. Thereafter he records the statement Ext. P.W. 7/A of Prem Kishan Kaushik P.W. 7 and together with his endorsement. Ext. P.W. 25/B, forwards it to police station Punjabi Bagh resulting in the registration of F.I.R. No. 419 dated 2nd July 1979 at 8.25 A.M.

(3.)THE postmortem of the dead body was conducted by Dr. L.T. Ramani on 3rd July 1979. The following injuries were noticed by him on the person of the deceased: 1. An abrasion 1/2 x 1/2  on the under surface of chin. 2. One stitched wound 3 cm long running transversely on the upper part of the front of neck just about the thyroid cartilage. The right end of the wound was directed outward and downward. 3. An abrasion 3.5 cm x 0.5 cm was joining injury No.2 at the middle and was vertically placed about the wound. Marginals were slopping. 4. One tracheotomy wound (Partly stitched) operationl on the front of neck, lower part.

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