LALIT KUMAR Vs. STATE

JUDGEMENT

(1.) THE appellant, Lalit Kumar has challenged the order and judgment of the Trial court dated 13th March, 2006 and 16th March, 2006 whereby he was convicted of the offence u/s 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 1000/- and in default of payment of fine, to further undergo rigorous imprisonment for one month.

(2.) RELEVANT facts for the purpose of the present appeal are that on 26th February, 2003 a telephonic information was received from the Duty Constable in AIIMS at P.S. Ambedkar Nagar about the admission of one Shyam Bir Singh, s/o Ram Bir Singh, r/o B-3, Subash Camp, Dakshin Puri aged 18 years, by his mother in an unconscious condition. He was declared by the doctor as brought dead vide MLC No. 18350/03. This information was recorded as DD No. 18A at P.S. Ambedkar Nagar at 11.35 PM and a copy of the same was handed over to SI Balraj Singh, who reached the hospital along with Constable Pratap Singh where he found one Bir Singh (PW1) present who made a statement. On the basis of this statement SI Balraj Singh made an endorsement for the registration of an FIR u/s 302 IPC, on the basis of which FIR No. 87/03 was registered at P.S. Ambedkar Nagar.

(3.) THE case of the prosecution before the trial court was that on 26th February, 2003 the deceased Shyam Bir was present in his jhuggi along with his mother Ramwati (PW-7) and Mausa (uncle) Bir Singh (PW-1). At about 9.30 PM, the accused Lalit came to the jhuggi of Ramwati and called the deceased out. THE deceased then went with the accused and after some time PW-1 and PW-7 were informed by one lady that a quarrel was taking place on the road between the deceased and the accused in which the accused stabbed the deceased, because of which the deceased fell on the ground and the accused fled the scene after throwing the knife in the nearby khatta. THE prosecution examined 18 witnesses to prove the case against the accused.