KIRAN KUMAR Vs. STATE OF DELHI

JUDGEMENT

(1.) The present appeal by the appellant Kiran Kumar is directed against the judgment and order on sentence passed by the Additional Sessions Judge on 14.07.1997, whereby the appellant was held guilty under Section 302 IPC for having committed the murder of Mukesh and was sentenced to undergo rigorous imprisonment for life and to pay a sum of Rs. 500/-, in default whereof, he was required to undergo further rigorous imprisonment for two months.

(2.) The appellant Kiran Kumar alongwith co-accused Duli Chand @ Kalu were charged for having committed the murder of Mukesh in furtherance of their common intention. As per the charge, on 02.01.1995 at about 6.45 p.m. at House No.16/606, Gali No.18, Arya Samaj Road, Bapa Nagar within the police station of Prasad Nagar, the appellant Kiran Kumar and co-accused Duli Chand @ Kalu, in furtherance of their common intention, caused the death of Mukesh with a chhuri and committed culpable homicide amounting to murder.

(3.) The prosecution case is that Mukesh was carrying on a leather cutting business at a rented godown bearing No.16/606, Gali No.18, Arya Samaj Road. PW-6 Prem Chand and Mukesh had become friends. It was alleged that on 01.01.1995, Mukesh told PW-6 Prem Chand that he had an altercation with a person named Kiran and some other associates and that they had threatened to take revenge. Subsequently, on 02.01.1995, at about 6.45 p.m., while PW-6 Prem Chand and Mukesh were sitting in the said godown, Kiran and his friend Kalu came there and started abusing Mukesh. Thereafter, Kiran Kumar is said to have told Kalu that Mukesh is the person who had dismantled their flags on the night of 31.12.1994. On hearing this, Kalu is said to have exhorted the appellant Kiran Kumar to kill Mukesh and not to spare him as he had insulted him. It is alleged that in the meantime, PW-7 Ram Gopal, who was Mukesh's brother-in- law, also arrived at the scene of occurrence. At that point, Kalu allegedly overpowered Mukesh from behind and on his exhortation, Kiran stabbed Mukesh on the chest. The appellant Kiran is said to have inflicted another injury on the left axilla. It was also alleged that when PW-6 Prem Chand and PW-7 Ram Gopal raised an alarm, Duli Chand @ Kalu struck PW-6 Prem Chand on his head with an iron rod and thereafter both Kiran Kumar and Duli Chand @ Kalu allegedly ran away. Mukesh was bleeding and it is alleged that PW-6 Prem Chand and PW-7 Ram Gopal took him to Ram Mohan Lohia Hospital in a three wheeler scooter and it is there that he (Mukesh) succumbed to his injuries and died.