RAHUL Vs. STATE (GOVT. OF NCT OF DELHI)

JUDGEMENT

(1.) By these appeals, the appellants challenge the common judgment of the learned Trial Court dtd. 30/11/2018 whereby both the appellants Rahul and Amit Kumar @ Sher Khan were held guilty for murder of Ajay son of Ved Prakash ( "deceased "); and also the order on sentence dtd. 30/11/2018 whereby the appellants were directed to undergo imprisonment for life alongwith fine of Rs.5,000.00 each in default whereof, rigorous imprisonment for six months for offence punishable under Ss. 302/34 of the Indian Penal Code ( "IPC "). The appellants were acquitted for charge under Sec. 201/34 IPC.

(2.) In nutshell, brief facts of the case are that on 10/10/2013, at about 2:30 PM, the deceased alongwith his friend Ajay son of Bihari Lal (PW-12) reached in front of H. No. 17/230, Kalyanpuri when suddenly appellant Rahul stopped them and started abusing them. When the deceased tried to resist, appellant Rahul took out a knife from his pant and stabbed the deceased on his right thigh. Ajay (PW-12) made a call to the police at number 100 and on reaching the spot, the police lifted deceased Ajay and took him to LBS Hospital. Statement of deceased injured at that time, Ajay was recorded by ASI Shiv Murti Yadav (PW-7) and rukka (Ex. PW-7/A) was prepared which was handed over to Ct. Jitender for getting the FIR registered, and accordingly, FIR No.592/2013 dtd. 10/10/2013 under Sec. 307 IPC at P.S. Kalyanpuri (Ex. PW-1/A) was registered.

(3.) Dr. Kashi prepared the MLC No.17505/13 (Ex. PW-8/A) and as per the MLC, Ajay was conscious and oriented (alcohol +ve) and an incised wound on right thigh 1.5 x 0.5 cm over anterior lateral region and an abrasion on right thigh of size 5 x 1 cm was found in examination and the deceased was referred to SR surgery.