IQBAL SINGH Vs. STATE

JUDGEMENT

(1.) Iqbal Singh son of Nanak Singh was convicted by Shri P. K. Bahri, Additional Sessions Judge, Delhi on June 7, 1975 in respect of commission of an offence punishable under Section 307 Indian Penal Code . and sentenced to undergo rigorous imprisonment for five years. He went in appeal to the High Court. On December 16, 1976, the case was remanded to the trial court for giving an opportunity of being heard to the appellant on the point of sentence. Accordingly, opportunity was given to him and on March 4, 1977, he Was again sentenced to undergo rigorous imprisonment for five years. Feeling aggrieved, the present appeal has been brought by him.

(2.) The case of the prosecution, in brief, is as follows : Kamla wife of Titu was running a Tea Shop in the Compound of Tis Hazari Courts. Rafiq Public Witness . I, Ram Asra Public Witness . 2 and one Munna were working as employees .in that shop. On April 30, 1973, at about 10 P.M. said employees were lying outside the shop because they used to sleep there, Iqbal Singh, appellant accompanied by two persons came and started abusing Ram Asra to which Ram Asra objected. The appellant took out a knife and stabbed Ram Asra in the abdomen and on account of which the latter became unconscious and was taken away to Irwin Hospital. After stabbing, the appellant and his companions ran away from the spot. Rafiq Public Witness . 1 went immediately to the Police Post, Tis Hazari and lodged a report Ex. PA. As none of the witnesses knew the name of the apellant, his description was mentioned in the F.I.R. as "One Sardar having fair complexion with medium physique".

(3.) In the lrwin Hospital, operation of Ram Asra was performed. On May 3, 1973, Ram Asra was declared to be fit by the doctors attending on him to make a statement. Accordingly, his statement was recorded.