Gurmukh Singh v. State of NCT of Delhi

order be transmitted to the Superintendent Central Jail Tihar for necessary action.

PRADEEP NANDRAJOG, J.

ARUNA SURESH, J.

FEBRUARY 25, 2009 mm

i.12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 212/2007 % Date of Order: February 25, 2009 GURMUKH SINGH ..... Appellant Through: Ms. Rakhi Dubey, Advocate versus STATE OF NCT OF DELHI ..... Respondent Through: Mr. Pawan Sharma, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE ARUNA SURESH 1. Whether reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporter or not? 3. Whether judgment should be reported in Digest? : PRADEEP NANDRAJOG, J. (Oral) 1. A short issue arises for consideration. 2. Whether on the evidence on record, the conviction of the appellant has to be sustained for the offence punishable under Section 302 IPC or whether the offence made out is punishable under Section 304 IPC. Further if the conviction has to be for the offence punishable under Section 304 IPC, whether part I or part II thereof is attracted. 3. The eye witnesses to the incident are PW-2 and PW-4. 4. Briefly noted case of the prosecution is that the deceased Jaspal Singh had a doubt whether sum of Rs.1,800/- which was collected by him as a taxi fare was removed by a person called Bobby who used to reside near a public toilet at Hanuman mandir, Baba Kharag Singh Marg. 5. It was New Year's Eve: 31.12.2003. At around 10:30/11 PM accompanied by his friend Inder Mohan PW-4 the deceased reached Cannaught Place. The place was crowded as people were swarming all over celebrating New Year's Eve. Jaspal Singh handed over his taxi to Inder Mohan requesting him to park the same at a suitable parking place and reached the toilet and enquired from a lady about Bobby. The appellant came near the toilet and joined the talks. 6. What happened thereafter may be noted in the language of Inder Mohan PW-4, who deposed as under:- "Jaspal was inquiring from them about a person namely Bobby. While these talks were going on, a Sardar came out from a nearby bathroom and joined the talks. Jaspal Singh also inquired from that sardar who came out from the bathroom about Bobby. That Sardar told that some articles of Bobby were lying in the bathroom but he was not able to tell about the time of visit of Bobby. As soon as Jaspal Singh told about his money a heated argument took place between Jaspal Singh and that Sardar. Thereafter that Sardar took out a knife like object and gave a blow of the same towards the heart side portion on the chest of Jaspal Singh. Accused present in the Court today is the same Sardar who gave knife blow to Jaspal Singh in my presence (witness points out towards accused Gurmukh Singh)." 7. Information of the deceased being stabbed was conveyed to the police and entered in the daily diary vide DD No.41A. SI Rakesh PW-22 accompanied by Const.Virender PW- 11 went to the spot and therefrom to R.M.L.Hospital where the injured Jaspal was found admitted. His statement Ex.PW-22/B was recorded by SI Rakesh; endorsement Ex.PW-22/C was made thereon and forwarded for registration of a FIR. At PS Connaught Place HC Sukhbir Singh PW-6 registered the FIR Ex.PW-6/A. 8. Jaspal Singh the deceased had a single stab wound having an entry on the left side of the abdomen placed 14 cms below the left nipple and 11 cms from the midline. 9. The wound was opined to be not dangerous to life. The wound was sutured and Jaspal was discharged from the hospital. Unfortunately the doctor had mis-read the injury and probably discharged Jaspal a little prematurely, evidenced by the fact that Jaspal Singh had to be re-admitted in the hospital due to continued abdominal pain. He died on 4.1.2004 at 6:05 AM. 10. The body was sent for post-mortem. Dr.Amit Kochhar PW-8, conducted the post-mortem on 4.1.2004 and noted a stab wound 5 cm deep in the abdominal cavity. Internal examination reveals that the stab wound had pierced the spleen which had a tear of the size 1 cm x 0.2 cm. He penned the report Ex.PW-8/A. 11. Learned Trial Judge has believed the testimony of Inder Mohan PW-4 and has returned a finding that the same