PRAKASH MALI @ DABBI Vs. STATE OF DELHI

JUDGEMENT

(1.) ON 23.11.2004, at about 11.45 PM, Duty Constable Rajinder informed Police Station Patel Nagar on telephone that Sushil Chand, resident of Z -19, West Patel Nagar, Delhi had been brought by his wife to the hospital, after he had been injured in a quarrel. The information was recorded vide DD No. 67B and the copy of the said DD was given to ASI Kanhiya Lal for investigation. The aforesaid police officer reached house No.Z -18, West Patel Nagar, where Head Constable Karan Singh was present. No eye -witness met him on the spot. He then went to RML Hospital, where Sushil Chand was found admitted. He was not fit for statement. His wife Smt. Kamlesh, however, was present there. Her statement was recorded by the police officer. She told him that on 22.11.2004, at about 10.30 PM, a quarrel had taken place between Prakash Malik who was previously known to her and some other persons in which her husband Sushil Chand Goyal had intervened. Thereafter, Prakash Malik had threatened her husband. At about 8.00 AM, Prakash Malik came outside their house and exhorted her husband to come out. He, however, left after some time. The complainant further stated that at about 10.00 PM on that day¸ one person namely, Sharma, who was known to her since he used to visit their shop, came to their shop and enquired about her husband. In the meanwhile, her husband came there and asked the aforesaid persons as to what the matter was. Mrs Sharma thereupon took her husband aside, towards urinal. The complainant at that stage noticed Prakash Malik with Mr Sharma. After about 5 -7 minutes, Sharma came to their shop with her husband and asked her to take care of him and left. She found her husband bleeding from the left thigh and left side of the stomach. He told her that Prakash Malik had given knife blows on his thigh and stomach, while he was held by Sharma. She brought her husband to RML Hospital in the car of her neighbour Ajay Kumar. On her statement, an FIR under Section 307 of IPC was registered.

(2.) DURING the course of investigation, the appellant Prakash Malik was arrested and he allegedly got recovered a knife from near Vivek Cinema Bus Stand, near Metro Station. The aforesaid knife was found stained with blood. The other accused Narender Kumar Sharma was also arrested and both Prakash Malik as well as Nareinder Kumar Malik were charge -sheeted under Section 307/34 of IPC.

(3.) THE husband of the complainant Shri Sushil Chand came in the witness box as PW2 and inter alia stated that on 22.11.2004, he had intervened in a fight which Prakash Malik had with another person, whereupon Prakash Malik had threatened to see him on the next day. On 23.11.2004, at about 8:00 a.m., Prakash Malik came outside his house, but left after standing there for a while. The same night, when he was present at his shop along with his wife, Narender Sharma came to his shop and enquired about him. He came out of the shop, whereupon Narender Sharma took him near the urinal. While they were talking, Prakash Malik came there with a knife. Seeing the knife when he tried to run back to his shop, Narender Sharma caught hold of him, whereas Prakash Malik stabbed him four (4) times on the left side of his stomach as well as on his thighs and legs. Narender Sharma then brought him to his shop in his lap and left him there, asking his wife to take care of him. His wife then took him to hospital.