PAWAN Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 18th February 1997 and Order on Sentence dated 19th February 1997, whereby the appellant was convicted under Section 302 of IPC and was sentenced to undergo imprisonment for life and to pay a fine of Rs1000/- or to undergo R.I. for six months in default.

(2.) The case of the prosecution, in brief, is that in the night intervening 26th/27th July 1994, deceased Shankar was sleeping in the street in the varanda of a medical store. The appellant, who came later after seeing the movie, also went to the street to sleep there and later committed murder of the deceased, giving a knife blow in his abdomen.

(3.) The case of the prosecution is based primarily on the ocular testimony of complainant Faudari Kumar and his roommates Chhotu, Ashok Kumar, Bhopal and their landlord Suresh Chand. It is also the case of the prosecution that after committing murder, the appellant absconded from the spot and later when he was arrested, the knife used for committing the murder was got recovered by him from the bushes near a drain in Chirag Delhi.