CHAND RAM S/O ZILE SINGH Vs. STATE

JUDGEMENT

(1.) By way of this appeal under section 374(2) of the Code of Criminal Procedure, a challenge has been made to the judgment dated 11th May, 2000 and the order of sentence dated 13th May, 2000 passed by the learned Additional Sessions Judge thereby convicting the appellant under section 307 IPC and has sentenced the appellant to undergo RI for three years with a fine of Rs.2000/- and in default to further undergo SI for three months.

(2.) The case of the prosecution is that on the night intervening 27th and 28th January, 1998, SI Dharamvir, PW-10 who was posted at Police Station Vikas Puri had received an intimation from RML Hospital that one injured having injuries caused on his person by a knife had been admitted in the hospital. SI Dharamvir, PW-10 along with Constable Bimlesh, PW-6 went to the aforesaid hospital and collected the MLC Ex.PW 11/A of injured Raj Kumar, PW-1 who was declared fit for making statement. He recorded his statement Ex.PW 1/A wherein it was alleged that on 28th January, 1998 at about 11 pm, he was sitting in a street along with one Raju, PW-9 and appellant Chand Ram. During conversation appellant Chand Ram started abusing him and threatened that he would not allow him to remain alive as on the previous Diwali, the injured i.e., Raj Kumar , PW-1 had given beatings to him. Thereupon, appellant Chand Ram went to his house and returned after some time with a knife and stabbed him in his abdomen.

(3.) From the hospital, IO SI Dharamvir, PW-10 came to the spot and made enquiries but no one came forward. He made search for the appellant but he could not trace him. During investigation, SI Dharamvir, PW-10 arrested the appellant on 29.1.1998 from Hastal Vihar, Vikas Puri.