DHANPAT ALIAS SUSU Vs. STATE

JUDGEMENT

(1.) THE appellant herein Dhanpat was tried in the Court of Shri V. B. Bansal, Additional Sessions Judge, on the charge under Section 302 of the Indian Penal Code. The learned Judge found the accused guilty of the offence charged with the sentencing him to rigorous imprisonment for life.

(2.) THE deceased Shiv Raj resided in House No. 304-J Jor Bhag, Kotla Mubarkpur. He was employed as a gardener. The appellant resided in Khairpur, Kotla Mubarakpur. About two days before the occurrence the younger brother of the appellant and the younger brother of the deceased had quarelled. The deceased had reprimanded both of them and warned them not to quarrel in future.

(3.) THE police was informed of the occurrence and Mahipal Singh Sub-Inspector (PW 23) was entrusted with the investigation. PW 23 went to the Safdarjung Hospital. PW 23 made the application PW 23/B to the doctor for permission to record the statement of the injured. The doctor certified that the injured was fit to make a statement. PW 23 recorded the statement Ex PW 11/A of Shiv Raj and with his endorsement Ex. PW 23/C sent the Rukka Ex. PW 11/A to the police station for formal registration of the case on the basis of which the formal report Ex. PW 11/B was recorded.