RAM ALIAS RAM DASS Vs. STATE OF DELHI

JUDGEMENT

(1.) This appeal is directed against the judgment dated 28.10.2009 and Order on Sentence dated 5.11.2009, whereby the appellant was convicted under Section 302 of IPC and was sentenced to undergo imprisonment for life and to pay fine of Rs.20,000/- or to undergo RI for one year in default.

(2.) The case of the prosecution, as disclosed in the FIR registered at the statement of Shyam @ Sudama, brother of the appellant, is that on 12th March, 2008 at about 7.45 pm, he went to the house of the appellant at RZS-160 (near 50' wide Road), Nihal Vihar, to discuss a financial matter. When he reached the house of the appellant, he found him holding a knife in his right hand and telling his wife deceased Guddo that he was aware of her affair and he would finished her that day. The appellant, according to the informant, then gave a number of knife blows to deceased Guddo saying simultaneously that he would kill her. On account of the knife injuries sustained by her, the deceased fell down in the street. When the informant tried to save her, the appellant asked him to move away and also threatened to kill him in case he did not do so. The appellant then ran away holding the knife in his hand. The informant informed Police Control Room and the police took the deceased Guddo to hospital. It is also the case of the prosecution that the appellant was arrested near a drain in Paschim Vihar at about 6.00 pm on 13th March, 2008 and while in police custody, he got recovered a bloodstained knife from a vacant plot near his house, where it was lying under pieces of stones and bricks. The clothes and slippers which the appellant was wearing at the time of his arrest were also found to have bloodstains.

(3.) Besides occular evidence in the form of statements given by the informant Shyam @ Sudama and PW-4 Smt.Rajesh, the case of the prosecution against the appellant was also based upon the following circumstantial evidence: