RAM PRAKASH Vs. STATE OF DELHI

JUDGEMENT

(1.) This is an appeal by Ram Parkash appellant who has been convicted under section 302 IPC and sentenced to undergo imprisonment for life. He was also tried under section 324 IPC but was acquitted.

(2.) Appellant is the brother of One Naresh on whose statement F.I.R. was recorded on 11.9.79. The prosecution version is that the appellant was standing trial in some case and Naresh has stood surety for him but as appellant was defaulting in appearance Naresh wrote to the police that he had no concern with him. Apprehending that he would be arrested by the police, appellant is stated to have come at 7.30 p. m. in the evening of 11th September 1979 to the place of incident which is a park near about the house where Naresh in working as a domestic keep. According to F.I.R. Ram Parkash was bolding an open knife and his companion Jai Parkash was driving a scooter. Ram Parkash appellant tried to give blow to Naresh but he ran always and was chased by the appellant and in the meanwhile the deceased Shahbuddin, a boy on 13/14 years tried to stop the accused and his companion but was given knife blow by the accused. Thereafter the accused and his companion ran away on a scooter.

(3.) Partap Singh P.W. 21 stated that he received wireless message and went to the spot and recorded the statement of Naresh Kumar which is the basis of F.I.R. P.W. 3 Dr. R. P. Saraswat who examined Naresh Kumar found abrasion with a blunt object. P.W. 4 Dr. Bharat Singh who conducted postmortem of the body of Shahbuddin found one incised stab wound on the right side lower part of chest in the mid axillary line 7 below the pit size 1 x 1/2? Injury No. 1 had entered the abdominal cavity through 8th inter costal space and has cut the liver on its lateral side. The injury was ante mortem possible by a sharp edged weapon having sharp edge and was sufficient to cause death in ordinary course of nature.