CHANDER HAAS Vs. STATE OF DELHI

JUDGEMENT

(1.) Chander Haas, the appellant herein, has been convicted for all offence under section 302 of the Indian Penal Code and sentenced to imprisonment for the. The appellant has also been convicted of the offence under section 27 of the Arms Act and sentenced to two years rigorous imprisonment. Both the sentences were ordered to run concurrently.

(2.) On 14th January 1980 at about 1 p.m. Jugal Kishore (P.W. 2) Madan Lal (P.W. 6), accused Chander Haas and the deceased Ashok went to a park situated between blocks 14 and 15, Geeta Colony. They continued gossiping and sitting in the park. At about 4 p.m. an altercation developed between Chander Haas and deceased Ashok. According to P.W. 6, Chander Haas abused Ashok to which Ashok took an exception. Chander Haas again abused Ashok. On that, it is alleged, both caught each other from the collar and they grappled. P.W. 2 and P.W. 6 intervened and separated them. Thereafter, according to P.W. 6 they all started moving but hardly they had gone two pates when Chander Haas took out a dagger from the dub of his trouser and stabbed, Ashok on the right side in the abdomen. After inflicting the blow Chander Haas ran towards the bushes. Ashok ran after him but at a few paces away fell down. P.Ws. 2 and 6 saved the deceased from falling on the ground.

(3.) The prosecution case further is that at the same time about P.W. 4 Surinder Kumar came in his three-wheeler scooter rickshaw and Ashok was removed to Lok Nayak Jai Prakash Narain hospital in the scooter rickshaw of P.W. 4.