SUNIL Vs. STATE

JUDGEMENT

(1.) The present appeal is directed against the judgment and order on sentence both dated 06.08.1996 delivered / passed by the Additional Sessions Judge, New Delhi in Sessions Case No. 82/1996 arising out of FIR 405/1991 registered at Police Station Vinay Nagar, under Section 302/34 IPC. Initially, there were three persons who were charged for having committed the offence punishable under Section 302/34 IPC. They were Sunil (the present appellant), Jagbir and his father Asha Ram. Jagbir and Asha Ram were acquitted by the learned Additional Sessions Judge by holding that in view of the evidence led by the prosecution, the involvement of Asha Ram and Jagbir in committing the murder of Balraj is suspect and that the prosecution had failed to prove their involvement beyond a shadow of doubt. The present appellant Sunil was, however, convicted for committing the murder of Balraj. By virtue of the impugned order on sentence, the learned Additional Sessions Judge, sentenced the appellant Sunil to rigorous imprisonment for life and also directed him to pay a fine of 1,000/- and in default of payment of fine, to further undergo rigorous imprisonment for six months for the offence punishable under Section 302 IPC. The benefit of Section 428 Cr. P.C was also directed to be given to the appellant.

(2.) The case of the prosecution is that the deceased Balraj and his brother PW5 Naurattan @ Kalu (complainant) as also the accused Sunil, Jagbir and Asha Ram used to keep pigeons and fly them as a sport. It is alleged on the part of the prosecution that on 2/3 occasions, the accused persons and in particular Sunil had caught / trapped the pigeons belonging to PW5 Naurattan. On the date of the incident, that is, on 25.10.1991, in the morning, Sunil is alleged to have again caught the pigeons belonging to PW5 Naurattan and to have clipped their wings. On earlier occasions also, there used to be altercations between Balraj and Naurattan on the one hand and Sunil and the other accused on the other with regard to the fact that Naurattan?s pigeons were being caught and kept by Sunil for the purposes of sale to others. It is alleged that on 25.10.1991 at about 2 pm when PW5 Naurattan had gone to CSC Market, Arjun Nagar and was climbing the stairs, the appellant Sunil chased him with a knife in his hand and threatened to kill him. At that point of time, Balraj, who was the elder brother of PW5 Naurattan is stated to have been standing at the shop of one Naresh PW2. Balraj is said to have enquired from the appellant Sunil as to why he was quarreling with his brother PW5 Naurattan. In the meanwhile, the other accused Jagbir and Asha Ram are said to have arrived at the scene. Both Asha Ram and Jagbir are alleged to have caught hold of Balraj from behind and thereupon the appellant Sunil allegedly stabbed Balraj on his chest and abdomen. Thereupon, Balraj started bleeding and fell down. While doing so, he cried out Sunil ne chaku mara hai (Sunil has stabbed me with a knife) . PW5 Naurattan then went to Balraj?s home and brought his wife Smt. Bimla (PW4) to the spot. Thereupon, Smt. Bimla removed Balraj, with the help of one Kailash (PW8) in a three wheeler scooter rickshaw to AIIMS hospital. On the way, Balraj is said to have told his wife Smt. Bimla that he had been stabbed with a knife by Sunil. On reaching the hospital, the doctor declared Balraj to have been brought dead.

(3.) On the same day, that is, on 25.10.1991, all the three accused, including the present appellant Sunil were arrested. It is the case of the prosecution that the appellant Sunil made a disclosure statement pursuant to which the blood stained knife Exhibit P-7 and his blood stained shirt Exhibit P-8 were recovered and seized. It is further the case of the prosecution that the blood group of the blood stains found on the knife and shirt matched the blood group B? which was that of the deceased Balraj.