CHANDAN Vs. STATE

JUDGEMENT

(1.) Appellant Chandan, having been convicted for the offence punishable under Section 302 IPC in Sessions case No.61/94, FIR No.312/93, P.S. Kashmere Gate vide impugned judgment dated 08.11.1996 and sentenced to undergo imprisonment for life and also to pay a fine of Rs.1,000/-, in default of payment of which to undergo RI for a further period of three months in terms of order on sentence dated 13.11.1996, has preferred this appeal.

(2.) Briefly stated, case of the prosecution is that on 28.05.1993 at about 8.40 p.m., ASI Karan Singh of PCR informed P.S. Kashmere Gate about the stabbing of one person in Ram Bazar, Mori Gate. This information was recorded as DD No.17A in daily diary maintained at the police station. Copy of the said DD report Ex.PW5/A was entrusted to PW8 S.I. Dharam Pal, who along with Constable Subhash left for the place of occurrence. On reaching the place of occurrence, S.I. Dharam Pal found that the injured person had already been removed to Hindu Rao Hospital by Constable G. Raj Kumar and the complainant PW2 Neelam, sister-in-law of the injured. S.I. Dharmpal then visited the hospital along with PW17 SHO Inspector K.K. Kaushik who had also reached at the spot of occurrence. PW17 obtained the MLC of the injured Rakesh (Ex.PW17/C) vide which he was declared brought dead. PW2 Ms.Neelam was present at the hospital and her statement Ex.PW2/A was recorded by SHO Inspector K.K. Kaushik. He appended his endorsement on the said statement of Ms.Neelam and sent it to the police station at 9.50 p.m. for registration of the case. On the basis of said statement formal FIR No.312/93 (Ex.PW17/D) was registered at police station Kashmere Gate.

(3.) PW2 Ms.Neelam in her statement Ex.PW2/A stated that in the evening of 28.05.1993 at about 8.15 p.m. she was going to Ram Bazar for some personal work. Her brother-in-law Rakesh (hereinafter referred to as ,,deceased) was also going to Ram Bazar, Mori Gate along with the appellant Chandan, son of Govind Ram. They were slightly ahead of her. When they reached the clinic of Dr.Kalra, they suddenly started grappling with each other. Before she could react, appellant Chandan, who was carrying a ,,churi' in his hand, inflicted several ,,churi' blows on the person of the deceased while uttering the words `Mein Tera Kaam Abhi Karta Hoon'. Thereafter the appellant ran away. She took the deceased to the clinic of Dr.Kalra but she was advised to immediately take him to the hospital. In the meanwhile Constable G. Raj Kumar who was on patrol duty reached at the spot and with his help, she took the deceased to Hindu Rao Hospital in a three wheeler scooter where the doctor, after examining him, declared him brought dead.