GAURE LAL Vs. STATE OF DELHI

JUDGEMENT

(1.) Gaure Lal, appellant herein, has preferred this appeal against the impugned judgment passed by the learned Additional Sessions Judge on 08.10.2004 in terms of which the appellant was convicted on the charge under Section 307 IPC and also against the consequent order on sentence dated 11.10.2004 in terms of which the appellant has been sentenced to undergo RI for the period of six years and also to pay a fine of Rs.5,000/- and in default of payment, to undergo RI for further period of five months.

(2.) Briefly stated, case of the prosecution is that on 13.09.2003 at about 9:26 pm, Head Constable Ram Niwas of PCR informed Police Station Vasant Kunj that one person has been stabbed with a knife near House No.112, H-Block, Lal Khet, Marwari Camp. This information was recorded as DD No.39A dated 13.09.2003 in the daily diary register and copy of the DD report was entrusted to SI Harkesh for verification, who along with Constable Satinder left for the spot of occurrence. There, SI Harkesh, PCR van No.Z-29 and ASI Mangla Ram in-charge of the van informed him that the injured Ramjeet had already been taken to Safdarjung Hospital. ASI Mangla Ram also produced the appellant Gaure Lal before SI Harkesh and told him that he was the person who had quarrelled with PW Hoob Lal and when injured Ramjeet intervened and tried to pacify them, the appellant stabbed him with a knife on the left side of his abdomen. It is claimed that, on interrogation, appellant had produced one blood-stained knife from the roof of a Jhuggi. Said knife was measured, its sketch was prepared and it was converted into a sealed parcel and taken into possession by the Investigating Officer. Since the appellant as well as witness Hoob Lal had also suffered minor injuries in the quarrel, they were also taken to Safdarjung Hospital for medical examination. At the hospital, SI Harkesh collected MLC of the injured Ramjeet who was declared `unfit for making statement'. The injury on his person was opined to have been caused by a sharp object. SI Harkesh appended his endorsement on the DD report detailing the aforesaid facts and sent it to the police station for the registration of the case. On the basis of said rukka, formal FIR under Section 307 IPC was registered at Police Station Vasant Kunj being FIR No.534/03, at 2:10 am.

(3.) During investigation, SI Harkesh prepared rough site plan of the spot of occurrence. He recorded the statements of the witnesses. As per the doctor, the injury sustained by injured Ramjeet was dangerous in nature. On conclusion of the investigation, appellant was challaned and sent for trial.