DAYA RAM Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the Delhi High Court confirming the conviction of the appellant under section 302 of the Indian Penal Code and the sentence of life imprisonment imposed by the Additional Sessions Judge, Delhi.

(2.) The appellant Daya Ram was charged with the murder of one Ramjit, his business partner. According to the prosecution case, some difference arose between the two partners - the appellant and deceased Ramjit, which led to serious quarrel between them. On the intervention of one Swaran Lal who has been examined at the trial as P.W. 4, a settlement between the two partners was brought about but the appellant was not fully reconciled with the situation. They were involved in the business of sale and purchase of used mobil oil and the appellant objected to the deceased doing his business in a particular area. On the 28th April, 1983, the appellant and the deceased happened to meet at the Kakraula Bridge on Najafgarh Road, while they were proceeding in connection with their business. The appellant is said to have threatened the deceased not to engage in business in that area and as deceased Ranjit would not listen to him, he (appellant) whipped out a knife and assaulted Ranjit, who died.

(3.) The post-mortem examination performed by Dr. L.T. Ramani (PW-9) disclosed 12 injuries on the body of the deceased, including a cut-throat injury 31/2" X 11/2", two incised wounds on the left side chest wall and one incised wound 1" X 1/2" "Placed on the left iliac region 11/2" medial to anterior superior spine". In the opinion of the doctor the injuries were ante- mortem and were caused by sharp-edged weapon and each of the aforesaid three injuries was individually sufficient to cause death in the ordinary course of nature.