DHARMENDER KUMAR Vs. STATE

JUDGEMENT

(1.) Dharmender Kumar is convicted for causing the murder of Radhey Shyam with a knife of prohibited length later recovered from him on the strength of testimony of Ms. Sita PW-7 and Dilip Kumar PW-11, the daughter and son of the deceased, who are eye-witnesses. Dharmender Kumar assails the judgment dated December 18, 2003 convicting him for offences punishable under Section 302 IPC read with Section 25/27 Arms Act and the order on sentence dated December 20, 2003 directing him to undergo imprisonment for life with fine of Rs. 1000/- for offence punishable under Section 302 IPC, rigorous imprisonment for 3 years and fine of Rs. 1000/- for offence punishable under Section 25 Arms Act and rigorous imprisonment for 7 years and fine of Rs. 1000/- for offence punishable under Section 27 of the Arms Act.

(2.) Learned counsel for the appellant challenges the judgment on the ground that the manner of crime as deposed by the witnesses has changed. Though Dilip Kumar son of the deceased an alleged eye-witness claims that he had picked up his father to admit him in the hospital, however his blood stained clothes has not been seized thus creating a doubt on the fact whether Dilip Kumar was an eye-witness. There are material discrepancies in the evidence of witnesses with regard to recovery of alleged weapon of offence and the blood stained T-shirt of Dharmender Kumar. No public witness has been joined in the investigation and evidence has been fabricated against the appellant.

(3.) No defence evidence has been led by the appellant and his explanation in his statement recorded under Section 313 Cr.P.C. is of false implication only.