RAJESH KUMAR Vs. STATE

JUDGEMENT

(1.) The appellant is aggrieved by the judgment and order of the learned Additional Sessions Judge dated 4.4.1998 and the order dated 6.4.1998 by which he was convicted for the offence punishable under Section-302 IPC and sentenced to undergo life imprisonment.

(2.) The prosecution's allegations in brief were that the appellant - who had established his business of selling chickens near Dabri Maur after procuring chickens from Jama Masjid area just a few days before, had a quarrel with one Mohd. Aslam and his brother PW-14. Apparently, the latter had previously established the same business in the market, that of selling chicken. The prosecution alleged that on the night of 11.6.1990, information was received by DD No.13A stating that the appellant had stabbed his elder brother with a knife. On investigation, the police recorded the statement of the deceased's (Mohd. Aslam's and referred to as such) brother Mohd. Shamshad who described the incident. According to PW-14, the two brothers used to open the shop in the morning and the deceased used to get the day's supply from Jama Masjid. The appellant, according to PW-14, was carrying on the similar business in front of their shop and established it a few days prior to the incident. The appellant apparently used to work in his father's meat shop previously. PW-14 alleged that on the fateful day, his shop was opened, the appellant felt that he was losing customers and, therefore, nurtured a grudge. PW-14 alleged that at about 7:00 PM in the evening, the appellant asked the deceased to empty the chicken crates belonging to them where they had kept their birds. The deceased emptied the crates; nevertheless the appellant continued to abuse him for quite some time. At about 10:00 PM when the shop was closed and he (PW-14) along with his brother were leaving the area, the appellant who was standing in front of his shop shouted at Mohd. Aslam saying "SALE RUK JA. KAHAN JA RAHA HAI SALE?". PW-14 stated that suddenly the appellant picked up a knife that was used to chop the meat and stabbed the deceased on the chest, as a result of which, the latter started bleeding. The appellant threw down the knife and fled the spot. PW-14 held his brother and asked the people around to catch the appellant. The deceased - according to PW-14 - could walk a few steps and thereafter collapsed and died. PW-14 stated that there were others who witnessed the incident; he specifically mentioned PW-1. After receipt of information, the police reached the spot and carried on investigation. The appellant was arrested on 14.6.1990. After conclusion of investigation, the police charged the appellant for committing an offence punishable under Section-302 IPC. The appellant pleaded not guilty and claimed trial.

(3.) The prosecution, in the course of the trial, relied upon the testimonies of 20 witnesses and also placed on record several exhibits and material objects. This included the postmortem report marked as Ex.PW-18/A, knife and a sketch of the knife Ex.PW- 6/B. After considering all the materials, the Trial Court concluded that the prosecution had established the appellant's guilt; it, therefore, convicted him as charged and sentenced him in the manner noticed earlier in this judgment.