CHANDAN Vs. STATE (DELHI ADMN)

JUDGEMENT

(1.) The appellant before this Court was convicted under Sec. 302 of IPC. The conviction and sentence have been upheld by the High Court in appeal. As per the prosecution it is a case of a daylight murder with a reliable eye-witness.

(2.) Brief facts of the case are that on 28/5/1993 at about 8:15 pm while PW-2, who was sister-in-law of the deceased was returning from Ram Bazar, the deceased and the accused were walking a few steps ahead of her. After a few minutes she saw the two, i.e. the deceased Rakesh and Chandan, grappling with each other and then she saw the accused stabbing the deceased multiple times with the knife he was carrying. The deceased fell on the ground and the accused/appellant fled away. The deceased, Rakesh, was first taken to the adjacent clinic which was a private clinic of Dr. Kalra in the vicinity, where they were advised to take him to Hindu Rao hospital which was the nearest hospital where an emergency treatment could be given to the deceased. By the time the deceased reached the hospital he was declared dead. Post-mortem was conducted on the deceased the next day i.e. on 29/5/1993, and the following ante-mortem injuries were detected:

(3.) The accused, it must be stated here, was caught the same day in the vicinity itself along with the knife, which was the weapon, used in the commission of the crime. The forensic report and other evidences show that this was the knife which was recovered from the possession of the sole accused and was used in the commission of the crime. The blood of the deceased was found to be matching with the blood found on the knife, which was recovered from the accused/appellant. Brahm Pal Singh (PW-12) Head Constable is a witness to this recovery. He states that upon receiving information of stabbing, he along with constable Mahabir found the accused at Hamilton Road. They saw the accused coming out from the side of 'ganda Nala', carrying a blood stained knife and wearing a blood stained shirt. The accused was then apprehended by constable Brahm Pal and the knife and shirt were accordingly recovered.