SATISH KUMAR Vs. STATE

JUDGEMENT

(1.) Satish Kumar, S/o Sh.Prem Chand, who was aged about 18 years at the time of the occurrence) has been convicted of an offence punishable under Section 302 of Indian Penal Code having caused the murder of Suresh Kumar, a young boy of 19 years, during the intervening night of 7th and 8th April 1987 at about midnight near Jhuggi No.2, 'G' Block, J.J.Colony, Wazirpur, Delhi vide judgment dated 25th January 1992 of an Additional Sessions Judge and by subsequent order dated 27th January 1992 has been sentenced to undergo imprisonment for life and to pay a fine of RS.100.00 and in default of payment of fine to undergo simple imprisonment for five days. He has come up in appeal in challenging his conviction and the sentence.

(2.) The facts of the case, in brief, are that Public Witness -1, Smt.Krishna, was residing alongwith the deceased and other children in her Jhuggi No.2, 'G' Block, JJ.Colony, Wazirpur, Delhi at the relevant time. The appellant was stated to be working at,the shop of Chander located in the neighbourhood. On 7th April 1987, it is alleged that Sushil Public Witness -13, brother of the deceased, and the deceased had gone in the neighbourhood in the said lane for watching some film on the television and their sister namely Rekha, Public Witness -5, bad already gone to sleep in the hut whereas Krishna was stated to be sitting outside the hut on a cot. It is claimed that at about midnight, Suresh had come back and had gone behind the hut for urinating and was soon followed by the appellant and after a few minutes, Krishna heard the shrieks of her son Suresh as be called his mother and also exclaimed that he had been stabbed by knife by appellant, Satish. Krishna, on hearing such shrieks, is stated to have rushed at the back of the hut and is alleged to have seen the appellant having a knife in his hand and saw her son Suresh blending from his abdomen and appellant had made an effort to again attack Suresh with the knife but Suresh had fallen down and she raised the alarm which attracted certain neighbours namely Public Witness -2 Ram Chander @ Pappu and Public Witness -3 Vijay Kumar @ Badal @ Bahadur who saw the appellant running away having the knife in his band and they had followed him but appellant managed to escape. Soon thereafter, Sushil arrived at the spot and they removed Suresh to Hindu Rao Hospital in an injured condition.

(3.) Dr.P.K.Suneja, Public Witness -17, had examined the injured Suresh Kumar and had prepared the M.L.C. Ex.PW17/A. The injured was brought in the hospital by his brother Sushil at 12.45 A.M. It was recorded in the M.L.C. that the injured had been brought with alleged history of being stabbed by somebody. The injured was conscious but disoriented and confused. He noticed the clean incised wound of size of I" x 1/4" x ? on 9th intercostal space of chest and he was bleeding from the injury and was wearing a vest (banian or T-shirt).