RAM SARAN @ BALLI Vs. STATE

JUDGEMENT

(1.) Appellant Ram Saran @ Balli impugns the judgment dated 31.07.1997 and the order on sentence dated 04.08.1997, whereby he was convicted for the offence punishable under Section 302 of the Indian Penal Code ("IPC") and was sentenced to undergo imprisonment for life and to pay fine of '500/-. In default of payment of fine, the Appellant was sentenced to undergo further Rigorous Imprisonment for one month.

(2.) The gravamen of the charge against the Appellant is that on 01.01.1995 at about 10.30 P.M. near Holy Cross School, Opposite Petrol Pump, Nangloi Road, Najafgarh, he had inflicted stab injuries on the person of Jaggu Ram (the deceased) with the intention of causing his death.

(3.) According to the prosecution version, the Appellant and the deceased were neighbours. On 01.01.1995 at about 10:20 P.M., the deceased felt disturbed by the high volume of the sound of a tape recorder, played by the Appellant Ram Saran oblivious of the fact that it was going to be his last sleep. The deceased woke up and objected to the Appellant playing the tape recorder at a high volume as it disturbed his sleep. The Appellant did not take it kindly; rather he took offence to it and slapped the deceased. The deceased felt humiliated and, therefore, accompanied by his sons PW-2 Hari Kishan and PW-3 Prem proceeded to the Police Station to lodge a report against the Appellant.