RAHMATULLAH Vs. STATE

JUDGEMENT

(1.) The appellant is aggrieved by the impugned judgment and order of sentence dated 19.01.2000 and 24.01.2000 vide which he had been convicted under Section 302 IPC and had been sentenced to undergo imprisonment for life and to pay a fine of Rs.5000/-.

(2.) The version of the prosecution had been unfolded in the testimony of the eye-witness Kamal Khan (PW-6). This statement (Ex.PW-6/A) revealed that on 17.10.1995 at about 7:00 p.m. at House No.D-255, J.J. Colony, Khyala accused (Rahmatullah) had come to the house of the deceased (Islam) and asked him to come down stairs; on his reaching down accused started abusing him and threatened to kill him; in the course of quarrel he stabbed him on his right hand and his abdomen.

(3.) It was this statement of PW-6 which had formed the basis of the rukka which had been sent at 9:15 p.m. by H.C. Subh Ram (PW-10) pursuant to which the present FIR under Section 307 IPC had been registered.