RAVI Vs. STATE

JUDGEMENT

(1.) An Additional Sessions Judge, New Delhi vide his judgment dated December 23, 1988 has convicted appellant Ravi guilty of an offence punishable under Section 302 Indian Penal Code . of having caused the murder of one Satinder Singh and under Section 324 for having caused simple injury with sharp edged weapon to Sh.Amrit Pal Singh and held the other two appellants, Joginder @ Kallu and Om Prakash and one Sham Sunder, appellant in Criminal Appeal No.16/89, since deceased, guilty of offences punishable under Section 302 and 324 Indian Penal Code . both read with Section 34 Indian Penal Code . and by subsequent order dated December 24 1988, he sentenced all of them to undergo life imprisonment for the offence of murder and to pay a fine of Rs.2,000.00 and in default to undergo rigorous imprisonment for six months and sentenced them to undergo one year imprisonment and a fine of Rs.500.00 each and in default to undergo rigorous imprisonment for three months for offence under Section 324 Indian Penal Code . with the directions that substantive sentences of imprisonment shall run concurrently.

(2.) The facts of the case, as culled out from the record, in brief, are that Satinder Singh, S/o Bhagwana, r/o WZ-141, Subhash Nagar, New Delhi, on 18th July 1985 at about 10.10 P.M, got himself admitted in Ram Manohar Lohia Hospital with the alleged history of assault. He had no history of unconsciousness and he was found to be fully conscious and he had following injuries:- a) Incised wound obliquely placed 1" x 1/4" in size in the right hypochondium in mid axillary line through which omentum is purtruding; b) Incised wound 3" x 1/2" in size anterio medial aspect of right knee tendon exposed. The injuries were opined to have been caused by sharp edged weapon and he was referred to surgical ward.

(3.) Amrit Pal Singh, Public Witness 2 also got himself admitted in the same hospital on that very day at 10.25 P.M. with alleged history of assault with no history of having become unconscious and following injury was noticed:- a) Incised wound 1" x 1/4" transversely placed on the anteriolateral aspect of left upper arm 4" below top of acromion process.