ASHISH @ DANGER Vs. STATE

JUDGEMENT

(1.) ASHISH and Nazim have preferred these appeals against their conviction by the impugned judgment of the Additional Sessions Judge dated 30.03.2010 under Sections 302/34 of The Indian Penal Code, 1860 (IPC) for murder of Vinod. By the order of sentence dated 31.03.2010, the appellants have been sentenced to imprisonment for life for the offence under Section 302/34 and with fine of Rs. 5,000/ -. In case of default for payment of fine of Rs. 5,000/ -, the appellants are to undergo Simple Imprisonment for one month each. Homicidal death of Vinod is proved by the post mortem report (Ex. PW -18/A) conducted by Dr. Rohit, Senior Resident, Aruna Asif Ali Hospital and established by the testimony of PW -18, Dr. S. Lal. On post mortem examination the following injuries were found:

(2.) ACCORDING to the post mortem report, the cause of death was hemorrhage and shock consequent to the stab wound to the viscera vide Injury No. 1 and 2. Injuries No. 1 and 2 are caused by sharp single edged weapon and are sufficient to cause death in the ordinary course of nature singularly and collectively. The prosecution version is that on 14.03.2008 at about 9.00 p.m. the two appellants came to Delhi Public Library near old Delhi Railway station and the deceased was given knife blows causing his death. The question is whether the appellants are the perpetrators of the said crime. The prosecution case relies upon three eye witnesses; PW -1 Suresh Mishra, PW -2 Suraj and PW -3 Ajay. The prosecution also relies upon circumstantial evidence which corroborates the statement of the eye witnesses in the form of disclosure statement and recovery of the weapon of offence, i.e., knife and the FSL report. They also rely upon the blood stained clothes, which were seized from the appellants and sent for forensic examination and the FSL Report (Ex. PW -23/G) received thereafter.

(3.) PW -1 has deposed that he was selling eggs on rehri near Delhi Public Library on 14.03.2008, when at about 9.00 p.m. the appellant -Nazim came to the spot and caught hold of the deceased and appellant -Ashish gave knife blow to Vinod, who fell down. The blow was given on the front part of Vinod's body but he could not state the exact place where the injury was caused. Appellant -Ashish at that time had uttered that the deceased had threatened him that today he would finish him. There was previous history of enmity of the appellants with the deceased. The appellants and the deceased were quarrelling and fighting with each other. During the occurrence, the knife with the appellant Ashish had fallen on the back side of his rehri but Ashish had picked up the said knife and hit the deceased. Somebody made a telephone call at number 100 and the police came to the spot but by that time the appellants had fled.