MADAN LAL Vs. STATE OF DELHI

JUDGEMENT

(1.) This appeal is directed against the judgment dated 11.09.1997 delivered by the learned Additional Sessions Judge, Shahdara, Delhi, in Sessions case No. 76/1996, arising out of FIR No. 78/1993, registered on 24.07.1993 under Section 302 of the Indian Penal Code (IPC) and Section 27 of the Arms Act, 1959. The said FIR was registered at police station Geeta Colony, Delhi. This appeal is also directed against the order on sentence passed by the learned Additional Sessions Judge on 15.09.1997 whereby the appellant was sentenced to rigorous imprisonment for life for the offence punishable under Section 302 IPC. A fine of Rs. 1000/- was also imposed and in default of the payment of the said fine, it was directed that the appellant would undergo rigorous imprisonment for one month. Insofar as the offence under Section 27 of the Arms Act, 1959 is concerned, the appellant was sentenced to rigorous imprisonment for a period of two years along with a fine of Rs. 500/-. In default of the payment of said fine, the appellant was directed to undergo rigorous imprisonment for a further period of 15 days. The sentences were directed to run concurrently.

(2.) The charges were framed by the learned Additional Sessions Judge on 07.12.1993. The appellant was charged as under:-

(3.) The prosecution case is that on 27.04.1993, D.D. No. 9A (Ex. PW- 11/A) was recorded at police station Geeta Colony wherein it was stated that wireless information had been received at 03.55 p.m. that in block No.13 near Krishana Mandir, a 'brother-in-law' had stabbed his sister-in-law with a knife "devar ne bhabhi ko chaku mar diya hai". On receiving the said information, PW-17 SI Satpal Pawar along with constable Satish Kumar went to block No.13, Geeta Coony but found that no such incident had taken place in block 13. However, they were told that an incident of stabbing had taken place in block No.15. Consequently, they reached house No. 15/107, Geeta Colony, where they learnt that the deceased (Smt. Krishna) had been removed to S.D.N. Hospital in a PCR Van. It is further the case of the prosecution that PW-17 SI Satpal Pawar along with the said constable went to S.D.N. hospital and collected the MLC (Ex. PW-10/A) of Smt. Krishna.