KAMAL @ BUNTY Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 15 th December, 2011 and order on sentence dated 22 nd December, 2011 passed by the trial court whereby appellant has been convicted under Section 308 IPC as well as under Sections 25 and 27 of Arms Act, 1959; sentenced to undergo rigorous imprisonment for five years with fine of Rs. 1,000/- (Rupees One Thousand Only) and in default of payment of fine to undergo simple imprisonment for one week under Section 308 IPC; rigorous imprisonment for three years with fine Rs. 1,000/- (Rupees One Thousand Only) and in default of payment of fine to undergo simple imprisonment for one week under Sections 25 and 27 of Arms Act, 1959. Both the sentences have been directed to run concurrently. Benefit of Section 428 of the Code of Criminal Procedure, 1973 has also been accorded to appellant.

(2.) Briefly stated, prosecution story as unfolded, is that on 21 st July, 2008 at about 9:30 PM Ravinder Singh, Balwant Singh and Raju Das were standing near their buses parked near MCD Primary School, Police Post Khyala. They were settling their daily accounts. In the meanwhile, a black colour Pulsar motorcycle bearing registration no. DL4S-AK-1338 driven by juvenile accused Vinni hit Ravinder. Appellant was sitting on the pillion seat of the motorcycle. A verbal altercation took place between Ravinder and Vinni. Ravinder slapped Vinni. At this, appellant got down from the motorcycle, took out a knife from the pocket of his pant and stabbed Ravinder on his right side of chest. Thereafter, the appellant and Vinni started running. Tarvinder Singh with the help of Balwant Singh and other public persons, who were present there apprehended appellant, whilst Vinni succeeded in escaping.

(3.) On receiving information about the incident, PCR arrived at the spot and removed Ravinder to DDU hospital. Investigating Officer also reached the spot and arrested appellant and seized the blood stained knife after preparing its sketch. Knife was sealed in a pullanda with the seal of VS. Investigating Officer reached DDU Hospital but could not record the statement of Ravinder as he was declared "unfit for making a statement". FIR under Sections 307/34 read with Sections 25 of the Arms Act was registered in the Police Station Tilak Nagar, on the statement of Tarvinder Singh recorded by Investigating Officer. Motor cycle bearing registration No. DL-4S-AK-1338 was seized from the spot. Later on, it was revealed that number plate of motor cycle was a forged one and the original registration number of same was DL-SA-K3736. Blood was lifted from the spot with the help of cotton and was sealed. Pant and underwear of Ravinder, which were sealed in a pullanda by the doctor with the seal of CMO, DDU hospital, were taken in possession by the Investigating Officer. Case properties were deposited in the malkhana and later sent to Forensic Science Laboratory (FSL).