1979 Supreme(Del) 240
High Court Of Delhi
STATE - Appellant
Versus
JASBIR SINGH @ BILLA, KULJEET SINGH @ RANGA - Respondent
MURDER REF. 1 of 1979
Decided On : 11/16/1979
ARVIND GOEL, B.D.BATRA, JASBIR SINGH CHAHAL, K.K.Sud, K.T.Harindernath, Kuljit Singh, R.C.KAUSHIK, V.J.Francis
( 52 ) ACCORDING to the opinion of the handwriting expert, it was Billa who had signed the case history at the Willingdon Hospital as Vinod. The signature on the statement Exhibit P22/a made to Subinspector Ram Chander by Vinod was, in the opinion of the handwriting expert, that of Billa. Clothes of Billa were also found to carry bloodstains of blood group AB.
( 53 ) AFTER completing the investigation, the appellants were charge- sheeted for various offences. The trial Judge charged the appellants under sections 365/34, 364/34, 366/34, Indian Penal Code. Each one of them was individually charged "under section 376, Indian Penal Code. Two charges under section 302,/34, Indian Penal Code, were also framed against them for committing the murder of Sanjay and Geeta respectively.
( 54 ) THE appellants pleaded not guilty. Their defence, as disclosed in their statements under section 313, Criminal Procedure Code, was one of the complete denial. Billa stated that though he had come to Delhi but from 25th August to 1st September he was at Bombay. Billa also denied visiting Willingdon Hospital alongwith Ranga at 10. 15 P. M. on 26th August for getting injury on his forehead stitched under the assumed name of Vinod. He, however, admitted that on 5th September he had visited a doctor at Agra to get stitches of his wound on the forehead removed. But he did not remember if the name of that doctor was Dr. Avdesh Singh Shanna. His explanation for the injury was that on 28th August at 7 or 7. 30 P. M. he tried to steal a taxi parked at Agri-Pada Bombay. As soon as he opened the car and sat in it, 3 or 4 persons surrounded him before he could drive away the car. These persons took him out and one of them gave a blow en the left side of his forehead with a Kamani. He started bleeding. In order to escape he took out a knife and threatened those persons with dire consequences. On seeing the knife those persons retreated and raised an alarm. On hearing the alarm he fled through another gali, engaged a taxi and escaped. He went to a doctor near Alexendra Paras Road, Bombay and got the wound stitched. He denied staying in the Guest Houses in Delhi or at Agra. He, however, stated that he and Ranga had reached Agra on 4th September but had stayed in a dharamsala near Raja Mandi. On 6th September they hired a room in Sita Nagar. He admitted that Ranga and he were apprehended by the military personnel when they were trying to enter a military compartment of the Kalka Mail and were produced before the police at Delhi Main. He admitted the recovery of diary (Exhibit P. 38) as well as key (Exhibit P45) from him. He, however, denied recovery of a live cartridge (Exhibit P23) and claimed that it had been planted by the police. He admitted that the pages in question of his diary Exhibit P. 38 were in his handwriting. He also admitted that the writings in question on pages 13 and 14 of the register Exhibit Public Witness 78/c were in his hand, but stated that he was forced to write the same. He also admitted that after has arrest he had been examined by the police doctor and thereafter his skull had been X-