DEEPAK SHARMA Vs. STATE OF DELHI

JUDGEMENT

(1.) The Appellant (hereafter called "Deepak") impugns the judgment and order dated 13.01.1998 in S.C. No. 414/1995 whereby he was convicted of the offence punishable under Section 302 IPC and sentenced to undergo imprisonment for life with fine of 1000/- and in default further R.I. for one month. The learned Addl. Sessions Judge also convicted Deepak for the offence punishable under Section 307 IPC and sentenced him to undergo R.I. for five years and to pay 500/- as fine, in default of which he was to undergo R.I. for a period of 15 days. A similar sentence was imposed, after conviction was recorded under Section 450 IPC.

(2.) The prosecution case was that on 19.07.1995, Deepak, in a stabbing incident, had attacked one Beermati with a knife and also stabbed Dinesh. The prosecution allegations were that Deepak was passing by the house of Beermati, (the deceased), around 04.00 pm on 19.07.1995. She, her son Ajay Choudhary along with Dinesh were watching television. Deepak was known to the deceased and her two sons as he was their neighbour, residing in the same street. It was alleged that Ajay, Dinesh and Beermati were laughing, upon which Deepak got enraged and called Ajay outside asking him the reason for their laughter. It was alleged that Deepak held Ajay by the neck, when he (Ajay) stated that the three were laughing over something that was being screened on TV. Deepak is alleged to have abused Ajay and told him that they were laughing and mocking him and that they were lying to him; it was alleged that he told Ajay "saale mujh par haste ho, mera mazak udate ho aur jhoot bolte ho". He slapped Ajay 3/4 times. At that time, Ajay's brother Dinesh came out and separated the two. Deepak allegedly left towards his house stating that he (Ajay) had been rescued but that he would not be left alive in future; the prosecution alleged that the actual words used were "ab to bach gaya hai, ise zinda nahi chodoonga". It was alleged that thereafter Ajay and Dinesh went inside their house. About 3/4 minutes later, Deepak came back with a knife in his hand. At that time Beermati was near the entrance of her house and on seeing Deepak armed with a knife, she asked him to stop, enquiring where was he going. Deepak allegedly told Beermati that she was shielding her sons and that he would first remove her from his way - allegedly stating "tu ladkon ke bahut himayat karti hai, pehle tujhe hi raste se hataa deta hoon". Thereafter Deepak stabbed her in the lower portion of the left breast resulting in her bleeding and Beermati's falling down. It was alleged that Dinesh tried to save his mother from Deepak but that the latter said that he too used to favour his brother and would not be left alive. The alleged words used by Deepak were "tu bhi bhai ka himayati banta hai, tujhe bhi zinda nahi choroonga". With these words he attacked Dinesh with the knife in the lower left side of his abdomen. This resulted in Dinesh's bleeding.

(3.) It was alleged that upon seeing this, Ajay got frightened and raised an alarm. On hearing the noise, many people, including Om Bir Singh reached the spot. On seeing them, Deepak ran away along with his knife. It was alleged that Ajay took Beermati and Dinesh to G.T.B. Hospital with a neighbour and others; Beermati was declared dead. The prosecution alleged that Ajay's statement was recorded as Ex. PW-2/A by SI Yoginder Khokhar who was examined as PW-1. This was on account of his receiving DD No. 23, marked as Ex. PW-11/A. Subsequently, statements of other witnesses, including the injured Dinesh were recorded on the basis of which FIR was lodged in Bhajanpura Police Station, being FIR No. 390/1995. According to the prosecution version, Deepak was arrested on 20.07.1995 and on the basis of his interrogation, the recovery of a knife was made. It was alleged that a disclosure statement, Ex. PW-6/B was recorded. The knife was marked as Ex. PW-6/A; a blood-stained shirt was seized and marked as Ex.6/2.