KARAN SINGH Vs. STATE

JUDGEMENT

(1.) KARAN Singh has been convicted by the impugned judgment dated 22.8.2012 passed by the learned Additional Sessions Judge, Saket Courts, New Delhi in Sessions Case No. 2/2009 (refer FIR No. 508/2008, P.S. Sangam Vihar) for murdering Shravan by stabbing him. By the order of sentence dated 25.8.2012, the appellant has been sentenced to undergo imprisonment for life and has been ordered to pay a fine of Rs. 50,000/ - and on failure to pay the same, to suffer simple imprisonment for one year for the offence under Section 302 of the Indian Penal Code ('IPC' for short).

(2.) THE case of the prosecution according to the first information report (Ex.PW.14/A) is that one Giriraj Vashisht, PW.19 lodged his statement (Ex.PW.26/A) alleging that on 14.8.2008 at about 11 PM in the night while he was at his dairy shop in Sangam Vihar, Karan, (the appellant), whom he knows from before, was standing at the crossroads near the shop of one Rajan Singh (PW.15) and was abusing him. Many people of the locality were asking him not to abuse but he was paying no heed to such suggestions. It has further been alleged that at the same time Shravan (deceased) came and prevented the appellant from abusing. The appellant, infuriated, caught the collar of Shravan and whipped out a knife and assaulted the deceased with the knife on his chest. As a result of such assault, Shravan fell down on the ground. On hearing the noise, younger brother of Shravan namely Gulbir (PW.1), came down of his house to save and rescue his brother but he too was assaulted by knife on his body. Another brother of Shravan namely Yudhister (PW.2) was also hit on his face by means of fist. The residents of the locality made attempts to apprehend the appellant but he managed to escape. It was also stated in the First Information Report that a telephone call was made by someone to the police whereupon PCR van came and took the injured Shravan and Gulbir (PW.1) to AIIMS hospital. Injured Shravan was declared brought dead whereas Gulbir and Yudhister were treated. On the basis of the aforementioned statement, First Information Report vide Sangam Vihar P.S case No. 508/2008 was instituted for the offence under Sections 302, 307 and 323 of the IPC.

(3.) GULBIR Singh, (PW.1) who is an eye witness to the occurrence, has clearly deposed before the Court that when he heard commotion in the street, he came down from the first floor of his house and saw that the appellant along with his three associates namely Subhash, Bablu and Chotu had held of his brother Shravan captive (Subhash, Bablu and Chotu have not been put on trial). In his presence, the appellant stabbed his brother in the chest. When he tried to save his brother, Subhash held him from behind whereas Bablu and Chotu stabbed him with a knife. After receiving injuries PW.1 lost consciousness for a moment. He thereafter regained consciousness and stood up. After the occurrence, the appellant and his three associates fled away from the spot. The incident, as stated by PW.1 was seen by others in the locality. In the meantime, a PCR van came and took him and his brother Shravan to Trauma Centre, AIIMS Hospital, where the brother of PW.1 was declared brought dead, whereas PW.1 received treatment.