RAKESH @ COMMANDO Vs. STATE

JUDGEMENT

(1.) The appellant is aggrieved by the impugned judgment and order of sentence dated 18.7.2009 and 31.7.2009 vide which he had been convicted for the offence under Section 302 IPC and had been sentenced to undergo imprisonment for life and pay a fine of Rs.3000/- in default of payment of fine to undergo SI for three months.

(2.) Briefly stated the case of the prosecution is that on 25.7.2007 Kamal Kishore (PW-9) was celebrating his birthday at his residence A-25, Sadiq Nagar. He had invited his friends which included accused Rakesh @ Commando as also the deceased Bunty @ Rohit; his other friends Kamal Kishore (PW-1), Umesh (PW-2), Pramod Rawat (PW-3), Naveen (PW-4), Virender (PW-5) and Deepak (PW-10) had also been invited; they had all joined the party. At about 10-10.30 PM while food and drinks were being served it was noted that the appellant Rakesh was wielding a knife which he was repeatedly opening and closing; since the appellant, the deceased Bunty and Pramod Rawat were all in a state of intoxication, the appellant also holding a knife, the brother of their host asked them to leave the party. Outside the house an altercation took place between the appellant and the deceased. In this scuffle appellant Rakesh attacked the deceased with a knife on his abdomen. Blood started oozing out from his wound. The deceased fell to the ground. This incident was witnessed by Pramod Rawat (PW-3). PW-1 and PW-5 were also informed about the incident; parents of Bunty were also intimated. The deceased was removed to the AIIMS hospital in a three wheeler scooter where he was declared dead.

(3.) Post mortem on the deceased was conducted by Dr. B.L.Chaudhary; it was proved by Dr.Sanjeev Lalwani (PW-20). Five injuries were noted on the person of the deceased and read herein as under: