(1.) By the impugned judgment dated 6th March, 2009, the appellant-Shiv Kumar stands convicted for murder of Chander Pal and by an order of sentence dated 9th March, 2009, he has been sentenced to imprisonment for life and fine of Rs.10,000/-, in default of which, he has to undergo Simple Imprisonment for six months. The impugned judgment also convicts the appellant under Section 201 of the Indian Penal Code, 1860 (IPC, for short) and the appellant has been sentenced to Rigorous Imprisonment for three years and fine of Rs.2,000/-, in default of which, he was to undergo Simple Imprisonment for one month. The sentences are to run concurrently and benefit of Section 428 Cr.P.C. has been granted.
(2.) The conviction arises in charge sheet filed after investigation of FIR No. 396/2003, Police Station Mangolpuri, Delhi.
(3.) The deceased-Chander Pal was admitted in Sanjay Gandhi Memorial Hospital, Mangolpuri on 25th July, 2003 at 1.30 P.M. with stab wound in the abdomen. This is proved from the MLC marked Exhibit PW-14/C, which was proved by Dr. V.K. Jha (PW-14), who had identified signature of Dr. Suresh Jaiswal on the said MLC. The MLC states that a stab wound was noticed in the right hypochondrium and the size of the wound was 4 cm x 2 cm just lateral to midline. The patient was gasping for breath. Pulse and blood pressure were not recordable.