AJAY GOSWAMI Vs. STATE

JUDGEMENT

(1.) This judgment will dispose of an appeal against the judgment and order of the learned Addl. District and Sessions Judge (hereafter "Trial court")' dated 16.01.1998 and the sentence imposed upon the Appellant on 20.01.1988. By the impugned judgment, the appellant was held guilty of committing offence punishable under Section 302 IPC, and sentenced to undergo life imprisonment as well as pay Rs. 1000/- as fine, in default of which to undergo Rigorous Imprisonment for one month.

(2.) The prosecution alleged that on 07.06.1993, at about 6.15 AM, PW-3, PW-4 Sunil Sagar and PW-5 Inderpal were going for a morning walk. While passing through Mandoli Road, Ram Nagar, Near Tafsil Bakery, they saw the appellant and another boy with him, in front of the appellant's house, at a distance of 10-15 paces. It is alleged that the Appellant was armed with a knife. The appellant allegedly gave a knife blow to Virender Kumar and when they (PW-3, 4 and 5) moved towards the appellant, he dragged the victim inside his house and shut the door. The prosecution alleged that these witnesses informed Virender's family and then reached the appellant's house when they were informed that the injured had been removed to the GTB Hospital, where they went and learnt about his death.

(3.) The police was informed about the events; it was alleged that a rukka was prepared and some policemen reached the spot and proceeded to investigate the incident. The appellant was arrested for committing the crime. He was subsequently charged with the offence; he entered the plea of not guilty and claimed trial. The prosecution relied on the testimony of 22 witnesses, which included PW-3, 4 and 5, all ocular witnesses. PW-12, Dr. Anil Kohli had examined the deceased; he proved the Post Mortem Report during the trial. The appellant examined two defence witnesses, which included his father, Rajbir Singh, DW-2. After considering the evidence and materials on the record, the Trial Court, by the impugned judgment, convicted the appellant and imposed the sentence. The judgment and order on sentence have been impugned in these proceedings.