MOHD ABID Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and Order on Sentence, both dated 24th April 1997, whereby the appellant was convicted under Section 302 of IPC and was sentenced to undergo imprisonment for life and to pay fine of Rs. 500/- or to undergo R.I. for 6 months in default.

(2.) The case of the prosecution, as set out in the statement of informant Bhim Singh, is that at about 6.45 PM on 26th April 1992, deceased Anand bought two kulfis from a vendor, near Barat Ghar Malkaganj, and gave one of them to him to eat. Anand, after eating the kulfi, found it to be salty and asked the kulfi vendor to give another kulfi to him. That kulfi also was found to be salty. In the meanwhile, Bhola, a friend of Anand, arrived there along with his two friends and Anand got engaged in conversation with them. The appellant Mohd. Abid, who was standing at the cart of kulfi vendor, told Anand that he had taken 2-3 kulfis and asked him why he was not paying money for those kulfis. Anand stated that he was busy in conversation and would leave the spot only after paying money for the kulfis. The appellant thereupon became angry and had a scuffle with Anand. He, thereafter took out a knife, threatened to do away with Anand and inflicted a knife blow on the left side of his stomach. Anand, who had fallen down on account of knife blow given on the left side of his stomach, got up and tried to run away. The appellant then gave another knife blow on the back side of his left shoulder and ran away from the spot.

(3.) The incident of stabbing is alleged to have been witnessed by four persons namely, PW-2 Bhola, PW-3 Bhim Singh, PW-4 Badri and PW-7 Mohan Lal. PW-2 Bhola, when he was examined in chief, supported the prosecution and stated that on 26th April 1992, when he reached DESU office/sub-station, where he found Anand eating Kulfi, which he had obtained from a rehriwala and Abid was standing nearby. Mohan Lal and Badri, who had accompanied him, were talking to Anand near rehri. Abid asked Anand to make full payment to kulfiwala to which Anand replied saying that he would go after making payment. According to the witness, a quarrel then took place between Abid and Anand. Abid took out a knife and stabbed Anand on his back side. Another blow, according to him was given in the abdomen of Anand, who ran after the appellant for a few steps and then fell down. He and Bhim Singh removed the injured to hospital in a cycle- rickshaw. However, when this witness was further examined on 27th September 1994, he turned hostile and claimed that on that date a party was going on, in which 100 persons had collected and while in the party he heard a noise. His younger brother Sanjay came there and informed that a quarrel was going on. When he reached the place of occurrence, he found injured Anand and about 100 persons, who had collected there. He along with 5-6 persons took Anand to hospital.