ANIL KUMAR Vs. STATE

JUDGEMENT

(1.) The appellant. Anil Kumar along with Smt. Shanti Devi wife of Ram Pershad and Lal Chand son of Maria Ram, were tried by Shri B.B. Gupta, Additional Sessions Judge, Delhi, under Section 302 read ^ with Section 34, Indian Penal Code, for having caused injuries on Smt. Dhanwanti resulting in her death; under Section 324 read with Section 34, Indian Penal Code, for having caused hurt with a sharp edgid weapon on Kusum daughter of Shri Ladli Pershad as well asunder Section 323 read with Section 34, Indian Penal Code for having causad simple injuries to Ladii Pershad with a blunt object. The Trial Court by its impugned judgment held that Section 34, Indian Penal Code was not attracted and consequently acquitted Shanti Dsvi. The Trial Court, however, held the appellant guilty of having committed an offence punishable under Section 302, Indian Penal Code accordingly sentenced him to imprisonment for life. The appellant was also found to have committed an offence under Ssction 324, Indian Penal Code and was convicted and sentenced to undergo rigorous imprisonment for two years. The sentences awarded to the appellant were ordered to run concurrently. Lal Chand was found guilty of having committed an offencs punishable under Section 323, Indian Penal Code. He accordingly was sentenced to six months' rigorous imprisonment.

(2.) The appellant feeling aggrieved by his conviction and sentence has filed the present appeal.

(3.) The facts of this case lie in a very narrow compass. Shanti Devi was a tenant in a portion of the house of Ladli Pershad Public Witness PW5. It is the admitted case of the parties that she was occupying one room and a kitchen. The kitchen later on was taken over by the landlord for reconstruction and the landlord was stated to have constructed a proper room out of it and also constructed a separate kitchen which he intended to give to Shanti Devi. The case of the prosecution is that on 2nd June, 1976, at about 9.30 p.m. when Ladii Pershad, his wife, Dhanwanti and his daughters, namely, Kusum and Veena (Public Witness s 3 and 4) and his son Raj Kumar (Public Witness 6) were ready to take their meals, Shanti Devi was alleged to have come at that time and picked up a quarrel as to why the room possession whereof was taken by Ladii Pershad was not being returned to her. On this some altercation followed and the appellant is alleged to have come armed with a knief and attacked Dhanwanti with the knife injuring her below the lower lip. Shanti Devi was alleged to have caught hold of Dhanwanti from the back and the appellant after the first blow given under the lower lip, according to the witnesses, gave further blows on the chest, abdomen and on the sides. Kusum (Public Witness 3) went to the rescue of her mother. Anil Kumar stabbed her, injuring her on the left arm. Lal Chand who had accompanied Shanti Devi at that time gave a Danda blow on Ladly Pershad hitting him on the right elbow. Ladii Pershad proceeded a step towards him when Lal Chand again gave a Danda blow which instead of hitting him fell on Shanti Devi and hit her. Lal Chand also gave another Danda blow hitting Dhanwanti on the right arm. In this transaction the appellant is also alleged to have received some injuries. All the accused persons thereafter were alleged to have gone away.