NARESH KUMAR Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and orderdated 31/03/1990, of an Additional Sessions Judge, Delhi, by which the appellanthas been convicted of an offence punishable under Section 302 of the Indian PenalCode and Section 27 of the Arms Act and has been sentenced to undergo lifeimprisonment and to pay a fine of Rs.1,000.00 and in default to undergo furtherrigorous imprisonment for one year on the first count and sentenced to undergorigorous imprisonment for two years on the second count with the direction that thesubstantive sentences shall run concurrently.

(2.) . The case of the prosecution, in brief, is that the appellant's brother JaiBhagwan had been stabbed by Tek Chand-deceased and a case was registeredagainst Tek Chand for an offence punishable under Section 307 of the Indian PenalCode on 13/06/1987, vide copy of the F.I.R. Ex.PW9/A. Tek Chand was having anelectric shop bearing No.WZ-297/C, JJ.Colony, Madipur, Delhi. On 13/05/1988,it is alleged that while Tek Chand was present in the shop at about 3.30 P.M. that theappellant came to that shop and had stabbed Tek Chand with a knife and Tek Chandhad succumbed to his injuries as a result of the said assault.

(3.) . The police came to the spot on the basis of a report No.l8 recorded at PolicePost Madipur, Delhi, copy of which is Ex.PW19/A wherein it is recorded that at 4p.m. a message was received from the Police Officer Incharge of apolice van thatPolice Van-9 had removed the injured from Madipur Bus Stand to some unknownhospital. A copy of this report was handed over to ASI Om Parkash PW15 whoaccompanied by Constable Mahabir Singh had reached the said place and he metRajesh Kumar PW5 and recorded his statement Ex.PW5/A in which Rajesh Kumardisclosed that he was a resident of house No.E-370, JJ.Colony, Madipur and he isalso having a shop bearing No.WZ-297/C at that place and at about 3.30 P.M. he wasproceeding to his house from the shop that he saw Naresh i.e. appellant coming outof the shop of Tek Chand and running away and he went to the shop of Tek Chandand found Tek Chand lying in a pool of blood and he with the help of Anil Kumarhad put Tek Chand in a police jeep and Anil Kumar told him at that time that NareshKumar s/o Nawal Kishore of Village Madipur had stabbed Tek Chand and thereafter Anil Kumar had gone with the injured in the police jeep and got him admittedin Ram Manohar Lohia Hospital. There is also a mention that a criminal case ofstabbing Jai Bhagwan, brother of the appellant, is pending against Tek Chand in thecourt and he had assaulted Tek Chand to take revenge.