RADHEY SHYAM Vs. STATE

JUDGEMENT

(1.) We need to answer two issues which arise for consideration in the instant appeal.

(2.) Appellant Radhey Shyam has been convicted for the offence of having murdered deceased Raghubir Malhotra after trespassing/entering into shop No. C-1, Chunnot Basti, Multani Dhandi, Nabi Karim, New Delhi at about 10:15 AM on 14.3.2000, using an ice pick (sua) as the weapon of offence.

(3.) The finding of guilt has been returned on the basis of the testimony of Sunil Malhotra PW-1, the son of the deceased who claimed that at 10:20 AM on 14.3.2000 he went to the shop in question and saw his father in an injured condition in the lap of his uncle Ashok Malhotra PW-3 and when he asked his father as to what had happened his father told him that the appellant had stabbed him with a sua. Ashok Malhotra PW-3 who carries on business from shop No. C-186, Basti Chunnot, New Delhi stated that at 10:15 AM on 14.3.2000 he was near the shop of his brother and hear cries of bachao-bachao. He saw the appellant inflict blows with a sua to his brother and while so doing was saying "main tujhe jaan se maar kar hi dam lunga." Sustenance has been found by the learned Trial Judge to the testimony of PW-1 and PW-3 through the testimony of Amar Singh PW-2 as also through the testimony of Naresh Kapur PW-4 and Som Prakash Malhotra all of whom claimed to have seen the appellant inflicting blows with a sua on the deceased Raghubir Malhotra.