(1.) Appellant-Ashok Kumar challenges his conviction for murder of Rajesh by the impugned judgment dated 29th July, 1999. The appellant also impugns order on sentence dated 31st July, 1999 by which he has been sentenced to imprisonment for life and fine of Rs. 500/-, in default of which, the appellant is to undergo Rigorous Imprisonment for three months for the offence under Section 302 of the Indian Penal Code, 1860 (IPC, for short). The aforesaid prosecution had arisen out of charge sheet filed in FIR No. 16/1998, Police Station Patel Nagar. On the question of involvement of the appellant, learned amicus curiae submits that the testimony of Sanjiv (PW-1), Bimla (PW-3) and Raj Kumar (PW-4) do implicate the appellant but his exact role, who got the weapon of offence, and how the injuries were caused still remain suspicious.
(2.) Sanjiv (PW-1) and Bimla (PW-3) are brother and mother of the deceased-Rajesh respectively. PW-1 in the initial portion of the examination-in-chief had stated that when he came downstairs alongwith his mother, the appellant had already inflicted two blows to Rajesh with a chhuri (gupti). They tried to apprehend the appellant but he attacked PW-1 on his head and shoulder and ran away with the knife/gupti. PW-1 thereupon with Raju and Sewa Ram took Rajesh to Ram Manohar Lohia (RML) hospital in a three wheeler. Upon examination he was declared to be brought dead.
(3.) On statement of PW-1 (Exhibit PW-1/A) FIR was registered. PW-1 has testified about lifting of blood and blood stained earth etc. in his deposition. The MLC of the deceased (Exhibit PW-9/A) was proved by Dr. Renuka Malik (PW-9). The said MLC was recorded at. 10.25 A.M. on 8th January, 1998. It states that the patient was brought dead to the casualty ward with alleged history of assault. There is also an MLC of PW-1 (Exhibit PW-9/C) in which it is recorded that the appellant had abrasion on the nasal bridge and his right hand.