RAM CHANDER Vs. STATE

JUDGEMENT

(1.) BY order dated 28.2.1989, the Addl. Sessions Judge, Delhi convicted the accused under Section 302 IPC and sentenced him to undergo Rl for a period of 4 years. It is against this order the appellant has preferred the present appeal through jail. Shri R.K. Saini, Advocate was appointed as amicus curiae to assist the court on behalf of the appellant.

(2.) IN brief, the case of the prosecution is that on receipt of D.D.ND. 29A. S.I. Dalip Singh along with Constable Tulsi Dass reached the place of occurrence near Rajesh Store, opposite house No. 517, 4-storeyed quarters, Raghbir Nagar, Delhi. There, he came to know that the injured had already been removed to Rana Nursing Home, Rajauri Garden. On reaching there, the doctor on duty opined that Satish Kumar injured was not in a condition to make a statement. The SI then recorded the statement of Anil Kumar, PW4, the brother of the injured. Anil Kumar stated that he alongwith his parents reside in house no. 517, 4-storeyed quarters Raghbir Nagar. Opposite to their house, two shops are constructed. On the right hand side shop, business in the name of Rajesh Store is being run while on the other shop, the business in the name of Anil Store is being carried on.

(3.) THE Sub-Inspector then collected the relevant material articles from the spot and also from the Nursing Home. The accused was arrested on the same day on his disclosure, the weapon of offence was recovered.