HUKUM SINGH Vs. STATE

JUDGEMENT

(1.) % The appellant challenges judgment and order of the learned ASJ dated 12.01.1998 whereby he was convicted for the offences punishable under Section -302, IPC read with Section -27 of the Arms Act. By an order of sentence dated 13.01.1998, he was directed to undergo life imprisonment for the offence of murder and to undergo three years rigorous imprisonment in respect of the offence under the Arms Act. He was also separately sentenced to pay fine.

(2.) The Prosecution's version was that on the night of 10.02.1993, the deceased Subhash (whose mother was the landlady of the premises, where the appellant's father and his family including the appellant himself used to live), was attacked pursuant to some altercation. The Prosecution alleged that the police received intimation about the incident which occurred around 09:28 PM that night. It was alleged that the deceased was taken to All India Institute of Medical Sciences (AIIMS). Two MLCs have been produced (Ex.PW -1/A and Ex.PW -4/B -1) in this regard. Apparently, police personnel had reached the spot and they accompanied Subhash and his wife Bimla (who deposed in the proceedings as PW -2) to the hospital. Subhash was declared brought dead. Consequently, the intimation was recorded and the FIR was lodged at 11:00 PM. The appellant was subsequently arrested and charged with committing the offence. It is the Prosecution's case that subsequent to the disclosure made by the appellant during the investigation, the murder weapon, i.e., the knife was recovered on 11.02.1993.

(3.) On the basis of the materials collected during the investigation, a charge sheet was filed in the Trial Court; the Trial Court framed the charges as prescribed in the previous part of the judgment. The appellant pleaded not guilty and claimed trial.