RAZAB ALI Vs. STATE

JUDGEMENT

(1.) . This appeal has been filed by Razab Ali, convicted for the offences under section 302 IPC & 25/27 Arms Act vide judgment dated 23.8.1997 and sentenced to undergo imprisonment for life and to pay a fine of Rs.500/- and in default to undergo RI for 3 months for the offence under section 302 IPC, as also to undergo RI for 6 months each for the offence under sections 25 & 27 Arms Act and to pay a fine of Rs.200/- and in default to undergo further RI for one month for each section, vide order on sentence dated 27.8.1997, passed by the learned Additional Sessions Judge, Delhi.

(2.) We have heard Mr. Sumeet Verma, learned counsel for the appellant and Mr. Ravinder Chaddha, learned Additional Public Prosecutor and have gone through the record.

(3.) . The facts of the case, in brief, are that on 12.8.1996 upon receipt of a telephone call from Duty Ct. Gopal Prasad of LNJPN hospital, regarding admission of an unknown person (brought dead) by Ct. Veerpal, DD entry No. 18-A was recorded at PS : Jamamasjid and copy thereof was sent to SI Ranbir Singh, through Ct. Bahauri Lal. Inspector V.P. Singh also reached the hospital where the above named SI was already present. MLC of the said unknown dead person was obtained. Since no eye witness was available in the hospital, Inspector V.P. Singh alongwith the SI and the other staff reached the spot i.e., Subhash Park, traffic light. On the spot they found blood at two points as also a blood stained shirt hooked on the railing of the park. Ram Raksha Tewari narrated the occurrence stating that on 12.8.1996 at 7.45 P.M. he was present at his stall when two persons namely Anil (deceased) and Razab Ali (Appellant) who were pavement dwellers and drug addicts, were shouting at each other. The appellant was demanding Rs.60/- but Anil refused to pay. This ultimately lead to grappling and the appellant took out a knife from his right "dub" (part of waist where weapon etc. can be secured/concealed under the cloth called (lungi, tehmat, etc.) "lungi" (cloth tied around waist and wrapped around legs) and stabbed on the left side of the chest of Anil. Blood started oozing out and Anil fell down. The appellant ran away. One Ajmer who was standing nearby laid Anil on the pavement and burnt a piece of cloth and put the resulting ash of the cloth on the wound to stop the bleeding (a common accepted rustic first aid). In the meantime beat constable came and took injured Anil in a rickshaw to the hospital. On the basis of this statement, Inspector Veerpal Singh got the case registered under section 302 IPC. The said Ram Raksha Tewari also named Ajmer and Hari Shanker besides others to be the witnesses of the occurrence. During the course of investigation crime team was summoned, photographs of the spot were taken. Blood samples and "controlled earth" (sample soil), burnt cloth pieces and the shirt of the deceased were taken into possession. The rough site plan of the scene was prepared. Statements of the witnesses were recorded and the appellant was arrested (at 6.00 A.M. in the morning). One button actuated knife was recovered from his right "dub". After taking measurements, preparing the sketch of the knife and, converting the same into a parcel with the seal of VPS, the knife was taken into possession. Thereafter proceedings under section 174 Cr.P.C. were conducted and after the postmortem report was received, the exhibits of the case were got sent to FSL. On completion of investigation the case was sent for trial.