SATINDER KUMAR Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against a judgment and order of the learned Additional Sessions Judge, Delhi, dated 20.10.1997 and 21.10.1997 respectively, in SC No. 119 -A/96 whereby Satinder Kumar (hereafter called "the appellant") was convicted for the offence punishable under Section 302 IPC and sentenced to undergo life imprisonment, and other sentences.

(2.) THE brief facts of the prosecution case are that on 29.01.1995, PW -11 Inspector O.D. Yadav received message, recorded a daily diary entry (D.D. NO.47B) and later went to Village Saboli at about 5.30 PM with members of his staff, to Khubi Singh's house. Other police men were there. The information received was about a fight; he saw the blood lying in the gali near Khubi Singh's house. He also learned that the injured, Khubi Singh was taken to the hospital. Saroj Devi, the wife of the deceased met him at her house and gave her statement about the incident. It was alleged that on 28.01.1995 at about 04.45 PM, the Appellant went to her house and called out to Khubi Singh. He used to quarrel with her husband. She too went near the main gate of her house. She saw that the appellant was quarreling in a loud voice with her husband at the corner of the gali. He stabbed her husband with a knife which he had with him. The deceased was stabbed on the left side of his chest. After sustaining injuries, her husband fell down; Satinder fled from the spot. PW -11 recorded the statement, Ex.PW4/A and gave his endorsement, Ex.PW11/A below it. S.I. Gajraj Singh brought the MLC of Khubi Singh. He forwarded the statement, Ex.PW4/A for registration of FIR.

(3.) AFTER conclusion of investigation, the appellant was charged with the commission of the offence. He denied involvement, and claimed trial. During the course of proceedings, the prosecution relied on the testimony of several prosecution witnesses, and also brought on record documentary evidence. After an overall consideration of all these, the Trial Court convicted the appellant, for the offences, he was charged with.