SHALLA LIMBU Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) As proved through the testimony of Ritika Lama PW-1 and Pankaj Lama PW-2 who are sister and brother, learned counsel for the appellant concedes that the prosecution has successfully established that the appellant used to reside in the house of Lasang Lama, the father of Ritika and Pankaj as the appellant was the brother-in-law of Lasang Lama and that on 24.8.2002 the appellant wanted to consume liquor in the house and Ritika stopped him from consuming liquor. He rebuked her that if she spoke a word, he would kill her. Ritika threw the liquor contained in the bottle in the wash-basin in the kitchen. The appellant picked up a knife in the kitchen. Ritika ran for safety and entered the room where her father was sitting. Hearing her cries, Pankaj also ran towards the room where his father was sitting. Before Lasang Lama or Pankaj Lama could disarm the appellant, he struck a blow on the left temple of Ritika with the knife which he had picked up from the kitchen. Her father Lasang and her brother Pankaj intervened. The ire of the appellant turned towards her father Lasang Lama who was inflicted three blows with the knife. The situs of the three blows, as per the post- mortem report Ex.PW-5/A are:- (i) A wound on the left forearm anteromedially; (ii) Upper half of left forearm; and (iii) 10 cm below sternal angle and 17 cm above pubic symphysis in midline.

(2.) It is apparent that the first two wounds are probably defence wounds and the third is struck in the stomach region. The third injury traversed the colon and unfortunately cut the middle colic artery resulting in excessive loss of blood resulting in the death of Lasang Lama.

(3.) The appellant was charge-sheeted for the offence of murdering Lasang Lama and for the offence of attempting to murder Ritika Lama.