RAJ BALLABH Vs. STATE (GNCT) DELHI

JUDGEMENT

(1.) Insanity of the appellant, at the time of commission of offence, is the main plea that has been urged for reversing the conviction and sentence in question.

(2.) The appeal against the conviction and sentence has been filed by the appellant Raj Bhallabh in Sessions Case No. 83/2003 arising out of FIR 62/2003 under Section 307, PS Darya Ganj, in which he has been convicted for offence under Section 307 of the Indian Penal Code (for short 'IPC') and has been sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.500/-, in default of payment of fine to further undergo rigorous imprisonment for three months.

(3.) The findings of guilt has been returned on the basis of testimony of PW1, Amit Goyal who unfolded that on 18th February, 2003, he had gone to Rajghat, Delhi in his car bearing Registration No. DL-3CK-8662. Sushil Kumar was driving the said car. He parked the car near bus stand. He alighted the car and was going towards Shakti Sthala via service lane. When he proceeded ahead up to a distance of 20 meters, then accused-appellant came there having a 'gandasa'(DAU) in his hand. He started blowing 'gandasa' blows on his head. In order to save himself, he ward off his hand and sustained injuries on his right hand. Middle finger of his hand was cut and it was hanging with the help of skin. He raised alarm for help and his driver Sushil Kumar along with some other persons came for rescue. On seeing them, the assailant ran towards road on outer side.