( 1 ) BY order dated 22-8-83, the Additional Sessions Judge, Delhi, framed a charge against the accused Jagjit Singh alias Jaggi and Brij Mohan u/s. 302 read with Section 34 of the Indian Penal Code, for having committed the murder of Mohan Singh in furtherance of their common intention at about 1. M. on the night between 27th and 28th of February. 1983 at G. B Road. Delhi. Accused Jagjit Singh was further charged for the offence punishable u/s. 27 or the Indian Arms Act for having been found in possession of a knife which he used for unlawful purposes.

( 2 ). After trial, accused Brij Mohan was let off by giving him benefit of doubt as one of the eye-witnesses (Public Witness -4) Ramesh Kumar failed to identify him, even though Public Witness -2 Kishan Singh and Public Witness -3 Manjit Singh identified him to be the person who had held the deceased from behind while accused Jagjit Singh stabbed him. On the same set of evidence, Jagjit Singh was convicted of the offences charged with and sentenced to rigorous imprisonment for life and a fine of Rs. 10. 000. 00 , in default of payment of fine, to undergo R. I. for two months u/s. 302 I P. C. He was further sentenced to undergo R. I for 3 ears and a fine of Rs. 100. 00 for the offence u/s 27 of the Indian Arms Act by order dated 13-2-87. The present appeal of Jagjit Singh is directed against his conviction and the order of sentence passed by the Additional Sessions Judge Delhi on 13 2 1987.

( 3 ). The facts of the prosecution case are that on 28th February, 1983, the deceased alongwith his threewheeler scooter no. DHR 1677 came to his house bearing no. 28, G. B. Road, as uoval at about 12 mid-night. He took his meals and thererfter came downstairs. His two brothers Kishan Siagh and Manjit Singh, Public Witness s, were standing on the second floor balcony of their house, As soon as Muhan Singh reached near his scooter, they saw two persons out of whom one Sikh gentleman was driving the motorcycle and the other a clean shaven sitting on the pillion. They stopped their motorcycle near the scooter and started an altercation with the deceased. On seeing this, Kishan Singh and Manjit Singh came downstairs and found that the Sikh gentleman whose name was disclosed later on as Jagjit Singh u/s. Mehar Singh. F-173, Laxmi Nagar Delhi, was armed with a knife. He gave two/three knife blows. to Mohan Singh, while his companion, later on identified as Brij Mohan caught hold of the deceased from behind. One Ramesh Kumar was trying to rescue the deceased. On seeing this Kishan Singh and Manjit Singh raised an alarm and tried to apprehend the accused. Jagjit Singh, however, brandished the knife at them and called his accomplice by the name Surinder and asked him to escape on the motorcycle.

( 4 ). In the meantime, S. I. Harbans Lal alongwith Constable Sri Kishan who were on patrolling duty on Enfield motorcycle came from Ajmeri Gate side. They heard the noise and stopped the motorcycle nearby and they then saw Jagjit Singh holding a blood-stained knife in his band. He was overpowered by the police officers. Brij Mohan, however, succeeded in escaping. The injured was immediately sent to J. P. N. Hosptial with his brother M;injit Singh in a three-wheeler scooter, where on examination he was declared dead by Dr. Ravinder K. Gupta at 1. 45 AM.

( 5 ). S. I. Harbans Lal then recorded the statement of Kishan Singh. PW-2/a, underneath which he made his endorsement on the basis of which the formal F. I. R Ex Public Witness -12/a was recorded. From the spot, S. I. took into possession the blood-stained shirt of the deceased, blood-stained pieces concrete and the knife after its sketch was prepared. The site was got photographed from Constable Baljit Singh. The motorcyle and the three-wheeler scooter were seized by different recovery memos. Accused Jagjit Singh was arrested there and then.

( 6 ). Subsequently, investigation was taken over by S. I. Om Prakash and on 16th March, 1983, he ca