HIRA LAL Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) Appellant Hira Lal was committed for the charge of having inflicted injuries by a knife on deceased Ajay Pal at 8:45 PM on September 23, 2002 at Fasil Road behind G.B.Road, Delhi with the intention of causing his death, thereby committing the offence of murder punishable under Section 302 IPC.

(2.) The FIR Ex.PW-14/A, was registered at PS Kamla Market on September 24, 2002 at 10 minutes past 12 midnight pursuant to the statement Ex.PW-20/A made by one Mohd.Shamim, in which statement the appellant has been named as the assailant with details of the contemporaneous utterances and acts of the appellant. Since Mohd.Shamim died he could not be examined as a witness by the prosecution. But we have on record the testimonies of PW-4, Babu Lal and Jeet Ram PW-5, perusal whereof would bring forth that on September 23, 2002 at around 9:00 PM a verbal altercation took place between the appellant and the deceased Kalu and at that time the informant Mohd.Shamim was present and was in the company of Kalu. The cause of the verbal altercation was the appellant objecting to the deceased Kalu and Shamim consuming alcohol in public at a place near a transformer. Kalu and Shamim shifted, bottle and glass, to a thada (open platform) of a shop behind brothel No.54. Appellant came after 10 to 15 minutes, and on seeing Kalu stabbed him.

(3.) Quibbling here and there on the testimony of PW-4 and PW-5, ostensibly to discredit the two witnesses, learned counsel for the appellant does not press the point forward and concedes that there is unimpeachable evidence to establish that appellant used a knife to stab Kalu who died as a consequence of the injury suffered.