The prosecution case was that Lachhman Dass son of Raja Ram a young man of about 23 years of age was running a tea shop at Ram Nagar, Nai Basti, Delhi, He had his residence in the same Katra.
The telephone message was sent by Raja Ram.
It is because of that discrepancy in the number that the other two accused Ram Kumar and Ram Samuj were given the benefit of doubt and were acquitted.
Sarla Devi, Bhupinder Kumar.
It was Chander Mohan who stated before the companymitting Magistrate that the number of the scooter was DLR 6681 and number DLR 2643.
The Flying Squad van reached the spot and Lachhman Dass was removed to the Irwin Hospital, where he was declared dead at 10.05 p.m. Counsel for the appellant submitted that the First Information Report was made on 13 December, 1968 and it did number reach the Magistrate till 16 December, 1968 and the delay was against the Punjab Police Rules and the prosecution did number explain the delay.
Om Parkash took it as an insult and told Lachhman Dass that he would teach him a lesson.
The witnesses on behalf of the prosecution were Krishan Lal Nirula, Bahadur Ghand, Smt.
The High Court found that 14 and 15 days of December, 1968 were holidays and the First Information Report therefore companyld number be sent to the Magistrate before 16 December, 1968.
The signature of the Magistrate bore the date 16 December, 1968.
Lachhman Dass told Om Parkash that he should first clear his previous account.
Lachhman Dass cried Lala, Omla chaku mar gaya father, Omla has stabbed me with a knife .
Krishan Lal Nirula was in fact present at the shop.
After inflicting the injuries Om Parkash took to his heels.
Krishan Lal Nirula was having tea at the shop of Lachhman Dass at the time and place of occurrence He said that Raja Ram, the father of the deceased was also sitting near him.
No question was put to the Investigating Officer to ascertain the cause for delay as to whether it was occasioned by the Police or by the Magistrate.
The cry of the deceased attracted the neighbours, some of whom were related.
He also said that Bahadur Chand and Raja Ram were distantly related to him.
Om Parkash took out a knife and inflicted two stab wounds, one on the abdomen and the other on the chest of Lachhman Dass.
Bahadur Chand had his shop adjacent to that of the deceased.
It was suggested by Counsel for the appellant that the appellant was number known as Omla.
In the F.I.R. the number of scooter in which the appellant had escaped was shown as DLR 2643 whereas both before the companymitting Magistrate and at the trial the registered number of the scooter in which the appellant escaped was given as DLR 6681.
Krishan Lal Nirula spoke of Om Parkash as Omla.
Raja Ram telephoned the Police Control Room.
That is the fact.
Outsiders or strangers were number found there.
Some persons who had witnessed the occurrence ran after him but as soon as Om Parkash entered Arakashan Road, he boarded a three wheeler scooter which was already standing there with its engine on and escaped.
It may be stated here that Raja Ram the father of the deceased died two months after the incident.
Bahadur Chand also spoke of Omla.
The hour was about 9 pm.
Adjacent to his shop was the shop of his uncle Bahadur Chand who also resided in that Katra.
The most important attack on the prosecution case was that it was a companygested locality and there was numberwitness apart from the relatives of the deceased.
Raja Ram was Bahadur Chands brother.
Their residential tenements were behind the shop.
The appellant was known to Krishan Lal Nirula and Bahadur Ghand.
The evidence established beyond any doubt that the appellant was also known as Omla.
On 13 December, 1968 at about 9.15 p.m. Om Parkash came to the shop of Lachhman Dass and asked for tea and eggs on credit.
Suhagwati, Smt.
The charge against the appellant was that on or about 13 Dec. 1968 at about 9.15 p.m. at Ram Nagar, Nai Basti, Delhi, the appellant companymitted murder by intentionally or knowingly causing the death of Lachhman Dass and thereby companymitted an offence punishable Under Section 302 of the Indian Penal Code.
N. Ray J. This is an appeal by special leave from the judgment dated 26 May, 1970 of the High Court of Delhi, companyfirming the sentence of death passed on the appellant by the Sessions Judge on a charge Under Section 302 of the Indian Penal Code.
