SONU ARORA Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 29th April 1997 and Order on Sentence dated 30th April 1997, whereby the appellant was convicted under Section 302 of IPC read with Section thereof, for committing murder of one Zaheer.

(2.) In the night intervening 18th/19th October 1993, Police Control Room informed Police Post Sangam Vihar that two boys had been stabbed at Ratia Marg, Sangam Vihar, Gali No. 17. On receipt of this information, SI Rai Singh went to the spot, where one dead body with stab wounds was found lying. On enquiry, the name of the deceased was found to be Nizam. He came to know that the other person, injured in the same incident, had been taken to the hospital by PCR Van. When SI Rai Singh reached AIIMS, he came to know that the other injured namely Zaheer had been brought dead to the hospital. No eye-witness met him either in the hospital or on the spot. He, thereafter made an endorsement on the copy of DD No. 38 vide which the information received from the Police Control Room was recorded at the Police Station, and got the FIR registered.

(3.) The case of the prosecution, in brief, is that one Lalu Prasad Yadav owed some money to Mahmood, co-accused of the appellant. In the night of 18th October 1993, when Lalu Prasad Yadav was passing along with his companion Manoj from in front of Raj Karan Paan Bhandar of Ratia Marg, Mahmood met him along with his three companions namely, Nanhey, Kamal and the appellant Sonu, who were previously known to him. Mahmood demanded money, which Lalu Prasad owed to him. Since Lalu Prasad did not have money with him, Mahmood asked him to serve paan (betel leaf) to all of them. Since Lalu Prasad did not have money with him, he declined to serve paan to them, whereupon they started beating him. Seeing this, his companion Manoj called Zaheer and his other friends. Seeing the friends of Lalu Prasad coming, Mahmood and his companions ran away from the spot, but the appellant Sonu was apprehended by Lalu Prasad and his companions, who started beating him. Seeing this, Mahmood, Nanhey and Kamal returned to the spot. Mahmood caught Zaheer, whereas Nanhey caught Nizam. Kamal gave knife blow on the chest of Zaheer whereas Sonu gave two knife blows to Nizam. Both the injured fell on the spot.