PARVEEN KUMAR Vs. STATE

JUDGEMENT

(1.) The appellant, Parveen Kumar, has challenged the conviction and sentence under Section 307, Indian Penal Code, and under Section 27 of the Arms Act, 1959 (Act LIV of 1959). He has been sentenced to undergo rigorous imprisonment for a period of four years and a .fine of Rs. 200.00 under the first count, and rigorous imprisonment for a period of one year under the second count, by the Additional Sessions Judge, Delhi by his order dated September 21, 1979 for causing grievous injuries with a finife to Rakesh Kumar Jain (Public Witness I ).

(2.) The prosecution case, in brief, is that Rakesh Kumar Jain, a resident of Dehra Dun, had come to Delhi on Februray 18, 1979. On February 21, 1979, the day of occurrence, he learnt that the accused, whom he knew earlier as they had been Jiving in the same street in Delhi had stabbed his uncle. On intervention by "Mohallawalas" the incident, which happened two weeks before had not been reported to the police. On that very day at about 3,35 p.m. when he was passing through Pahari Dhiraj Bazar, he met the accused Parveen Kumar Ganja, who was coming from the opposite side. When asked by the complainant as to why he was behaving like a 'Dada' (reference being to the earlier stabbing incident), the accused told him that he had already taught a lesson to his uncle and would also see him (the complainant). After this talk, the appellant took out a knife (Exhibit PI) on the left side chest and arm-pit of Rakesh Kumar. Immediately thereafter the injured was removed to the hospital by Moti Lal (Public Witness 2), who had reached the spot, on the alarm raised by the complainant. The incident had also been witnessed by Subhash Chand (Public Witness 6). The appellant could not be apprehended as he had run away.

(3.) The statement (Exhibit F.A.) of the injured was recorded in the hospital and a formal First Information Report was registered. The accused on being arrested made a disclosure statement and led the police party to the recovery of the knife (Exhibit P 1) from under the heap of garbage outside Luxmi Devi Jain Girls Higher Secondary School, Mandirwali Gali, Pahari Dhiraj, Delhi. As the injuries were opined to be grievous in nature, caused with a sharp edged Weapon, the appellant was challenged for being in possession of the knife (Exhibit PI), under Section 27 of the Arms Act.