NARENDER KUMAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Present appeal has been preferred under Sec. 374 of the Code of Criminal Procedure, 1973 (Cr.P.C.) read with Sec. 482 Cr.P.C. against judgment and order on sentence, dtd. 9/7/2002 and 15/7/2002 respectively, in SC No.5/99, whereby the appellant has been convicted under Sec. 307 IPC and sentenced to undergo RI for three years and a fine of Rs.1,000.00 (in default of payment of fine, to undergo RI for one month). Benefit of Sec. 428 Cr.P.C. has also been extended to the appellant.

(2.) In brief, as per the case of the prosecution as recorded in the impugned judgment, on 12/8/1997, on receipt of DD No.8B, SI Randhir Singh along with Ct. Durga Prasad reached at M.R. Hospital, Village Karala wherein they were informed that injured Sanjay, after receiving first aid, left along with his brother for an unknown hospital. The injured could not be traced in any Government hospitals by SI Randhir Singh. In the meantime, DD No.5A was handed over to SI Randhir Singh wherein it was recorded that injured had been admitted in Saroj Hospital, Madhuban Chowk. Statement of injured Sanjay was recorded wherein he alleged that on 12/8/1997 in the midnight at about 12:30 am, he had visited Punjabi Chicken Corner owned by his neighbour Narender @ Bittoo. As he complained to hotel owner about the quality of food served, owner of the hotel (Narender/appellant) became agitated and stabbed him with a knife lying on the table, on the right side of the chest. Complainant/injured was initially moved to M.R. Hospital from where his brother Satish shifted him to Saroj Hospital. Accordingly, FIR No.739/97 was registered under Sec. 307/34 at PS: Sultanpuri.

(3.) Appellant/accused Narender @ Bittoo was arrested during the course of investigation and on his disclosure, knife used in the assault was recovered at his instance. It may also be noticed that in supplementary statement recorded under Sec. 161 Cr.P.C. complainant further alleged that at the time of the incident, he was caught hold by co-accused Devender and injury was inflicted by appellant Narender @ Bittoo. Charge-sheet was accordingly presented after investigation against both the accused.