RAVI KUMAR Vs. STATE

JUDGEMENT

(1.) The appellant, vide judgement dated 30th July, 1997 was convicted for commission of an offence punishable under Section 302 and also under Section 324 of the IPC and consequently sentenced to suffer life imprisonment besides a fine of Rs.2,000.00 with default clause of six months imprisonment. The appellant was further sentenced to imprisonment of six months for commission of offence under Section 324 of the IPC. Order on the points of sentence was made on 31st July, 1997.

(2.) The appellant has assailed both, the conviction and the sentence by way of preferring the instant appeal

(3.) Facts as set out in the police report sent under the provision of Section 173 Cr.P.C. are that on 5th January, 1995 Vikram since deceased and Jaspal Singh were going from Baba Colony from the side of 25 Foota Road at about 7.20 P.M. when the appellant met them on the way. All the three then went towards street near Worship Public School. While they were talking to each other, Jaspal Singh confronted the appellant as to why he gave beating to Monu earlier in the day and warned him not to behave in that manner again on which the appellant accosted Jaspal singh saying him in derogatory manner as to whether he was the "Mama" of Monu and simultaneously, the appellant gave fist blows to Jaspal Singh. Jaspal Singh also retaliated by inflicting fist blows to the appellant. On this the appellant took out a knife from the pocket of his trouser and assaulted Jaspal Singh and hit him on the left side of his chin. In the meantime Vikram deceased who was with Jaspal Singh came to the rescue of Jaspal Singh. The appellant attacked Vikram with knife inflicting injury on his neck and he fell down. Jaspal raised hue and cry. This led the appellant to flee from the spot. Jaspal then reached the house of Vikram and informed his brother Vicky. Both of them came to the scene of crime and removed Vikram to Hindurao Hospital in an injured condition and got him admitted. Vikram however succumbed to injury on 11th January, 1995 in the hospital itself. Jaspal Singh also got treated his injury in the hospital and discharged on the same day.