LAWS(DLH)-2005-9-57

RAJ KUMAR Vs. STATE OF NCT OF DELHI

Decided On September 12, 2005
RAJ KUMAR Appellant
V/S
STATE OF NCT OF DELHI Respondents

JUDGEMENT

(1.) This is an appeal preferred against the judgment dated 30.7.1992, convicting the appellant for offence punishable under Section 302 of the Indian Penal Code in short I.P.C. . Vide order dated 19.8.1992 appellant was sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs.10,000/-, or in default to further undergo simple imprisonment for 10 months. The appellant had been acquitted of the offence under Section 27 of the Arms Act since the knife recovered did not fall within the ambit of the notification under the Act.

(2.) The prosecution's case in brief is that on 3.4.1988 at about 1.00 P.M. appellant Raj Kumar assaulted, Darshan Singh with a knife at Gandhi Park, Hari Nagar. As a result of the injuries sustained, Darshan Singh succumbed to the same on 5.4.1988. Darshan Singh, the deceased was playing cricket along with Sunil Kumar and others at Gandhi Park, when the appellant Raj Kumar happened to pass-by. Darshan Singh asked him to return the hockey stick, which he had borrowed. The appellant allegedly replied that he had lost the same, but Darshan Singh insisted on getting another hockey stick in lieu thereof, resulting in a verbal duel. Appellant left the spot saying that he would come back and see Darshan Singh. It is alleged that after some time appellant returned and gave a knife blow on the left side of the chest below the arm pit of Darshan Singh, who was sitting near the statue. Injured Darshan Singh attempted to chase him but appellant managed to run away. Niranjan Singh, PW-4 who happened to be present at the spot advised him to go to the Hospital and seek medical aid. Sunil Kumar, one of the playmates, accompanied Darshan Singh to the Police Station Hari Nagar, where Head Constable Rohtas Singh recorded statement of Darshan Singh in the Daily Diary register being Entry No.8A, Exhibit 15/A. The Duty Officer filled up the injury sheet and sent Darshan Singh with Constable Raj Pal Singh to Deen Dayal Upadhyay Hospital. At the Deen Dayal Upadhyay Hospital, the doctor, who examined him observed that it was a case of stabbing of the lower chest resulting in internal trauma and the patient needed wound exploration under General Anesthesia and necessary operative procedures. He advised transfer of the patient to Dr.R.M.L. Hospital. There is no record of admission on 3.4.1988 or treatment accorded at Dr.R.M.L.Hospital or discharge therefrom. Darshan Singh on 4.4.1988, was at his residence where his statement was recorded by the S.I under Section 161 Cr.P.C. On the morning of 5th April, 1988, he was rushed to Ganga Ram Hospital in a critical state. The resuscitation or other measures taken did not help and Darshan Singh succumbed to the injuries on 5.4.1988.

(3.) The case was initially registered under Section 307 of the I.P.C. Subsequently it was converted to Section 302, I.P.C. The appellant Raj Kumar had been apprehended standing near a bus stand at Hari Nagar. On his interrogation the appellant is stated to have led the SI and the Constable to a DDA Park near Maya Puri and recovered the dagger from a pit which was wrapped in a racksine cover.