JARNAIL SINGH Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) BRIEFLY stated, the case of the prosecution is that on 9th March 1994 at around 11.00 PM, complainant Balraj (PW -1), his brother -in -law Mahipal (hereinafter referred to as 'deceased') and their friend Madan (PW -2) were standing in front of the house of Balraj near DDA Market, Khyala, New Delhi. A few boys, including the appellant Jarnail Singh, passed through the house of PW -1 and went towards the school building. The appellant returned back after reaching near the school and when he came near the house of PW -1 Balraj, the deceased Mahipal asked him about the reason for his roaming around there, whereupon the appellant got enraged and asked as to how the deceased was concerned, whereupon the deceased explained that he was simply enquiring. But the appellant, in the fit of rage, took out a knife from the right side of belt of his pant and inflicted a knife blow on the person of the deceased, which unfortunately fell on his chest and proved to be fatal. When PW -1 Balraj tried to support the deceased, the appellant tried to inflict a knife blow on him, which resulted in a scuffle and both of them fell down. Thereafter, the appellant gave a knife blow on the waist of PW -1 and ran away.

(2.) THE deceased as well as PW -1 Balraj were taken to the hospital where their respective MLCs were prepared and the deceased was declared brought dead. The information regarding the incident was conveyed to the police station on the basis of which DD No.28A was recorded and entrusted to S.I. O.D.Yadav, who visited the hospital and collected the MLC of PW -1 Balraj as well as the deceased. He recorded the statement of PW -1 Balraj Ex.PW -1/A, on the basis of which the formal FIR was registered. On completion of the necessary formalities of the investigation, the appellant was challaned for offences punishable under Sections 302 IPC, 324 IPC and Section 25 of the Arms Act and sent for trial.

(3.) THE learned trial Court, on conclusion of trial, relying upon the ocular testimony, found the appellant guilty of offences under Sections 302 IPC, 324 IPC and Section 25 of the Arms Act and convicted him on all the three counts.