RAKESH Vs. STATE

JUDGEMENT

(1.) Rakesh is convicted for the offence of murder of Ram Dass and causing simple injury to Suman vide impugned judgment dated March 29, 2012 and vide order dated March 30, 2012 he has been directed to undergo imprisonment for life and pay a fine of Rs. 50,000/- for offence punishable under Section 302 IPC and rigorous imprisonment for six months for the offence punishable under Section 323 IPC.

(2.) The case of the prosecution rests on the statement of Badami Lal, the son of the deceased who was an eye-witness of the incident and with whom Rakesh started quarrelling. Badami Lal in his statement Ex.PW-3/A on the basis of which FIR No.375/2008 under Sections 302/323 IPC was registered stated that he was working as a cobbler and staying with his family at E-383, J.J. Camp, Tigri. On that date i.e. July 08, 2008 at about 10.45 PM after having his dinner he was sitting in the gali outside the Masjid when Rakesh Kumar who lives in the gali came to him and demanded money for liquor. Rakesh abused and slapped him. Badami Lal went to his house to save himself and informed his parents. His father Ram Dass and mother Suman came outside to talk to Rakesh, when at around 11.00 PM Rakesh came to the door of their Jhuggi with a knife in his hand. His father immediately pulled Badami Lal towards his back. Rakesh gave a stab blow by 'Chhuri' to his father on the left side of his chest and ran away with the knife. On their shouting someone called the police and PCR van took his father to Trauma Centre with him where he was declared brought dead.

(3.) The post-mortem of Ram Dass was conducted by Dr.Siva Prasad, PW-6, who proved the post-mortem report as Ex.PW-6/A. He noticed the following injuries on the body of Ram Dass: