RAKESH AGGARWAL Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) Rakesh Aggarwal s/o Shri Ram Kishan Dass Aggarwal has filed this appeal challenging the judgment and order dated November 18, 1988, of an Additional Sessions Judge, Delhi, by which he has been convicted of an offence punishable under Section 302 of the Indian Penal Code and has been sentenced to undergo imprisonment for life.

(2.) The case of the prosecution, in breif, is that Public Witness 6 Smt.Kanta Sharma, her brother Public Witness 10 Keshav Chand and their brother Subhash (since deceased) were living in house No.51, Lane Raja Kidar Nath, Chawri Bazar, Delhi. The appellant was a friend of Subhash. Appellant had allegedly loaned some money to Subhash. On July 16, 1984, the two brothers accompanied by their sister at about 11.30 AM were proceeding to temple Chaurasi Ghante for having some pooja on the auspicious day of Monday of Sawan. They had started from their house and were proceedings in through churiwalan road and they found appellant standing opposite to the lane Godya and he asked Subhash to return his five hundred rupees as he was in need of the same but Subhash retorted that he had no money with him at that time and he would refund the money when he had the same but the appellant insisted on getting his money then and there but Subhash reiterated that he had no money to give at that time. Rakesh is stated to have uttered a filthy abuse (Bhain Chaud) and he shouted that he (Subhash) knew how to get the loan and did not know when it was to be returned. Subhash protested to him that he should not give him such filthy abuse and it was not right but appellant who was already enraged took out a knife from right pocket of his pant and attacked Subhash with the said knife and gave two or three blows with the knife on Subhash's chest and Subhash profusely bled from his injuries and Keshav and Kanta raised an alarm and Rakesh managed to run away carrying the knife with him towards chawri bazar. On hearing the alarm, certain police officials arrived at the spot and one of the constables accompanied them to JPN Hospital where Subhash was got admitted.

(3.) Dr.Vir Singh, Public Witness 1, who was working as Casualty Medical Officer in the Hospital, had prepared the medico legal certificate Ex.PW1/A in which he recorded that Subhash had been brought by Constable Ishwar Dass at 12.25 PM with the alleged history of being stabbed by some person and patient was having history of vomitting and history of unconsciousness and he found two incised wounds on the chest of Subhash. Subhash was admitted in regular ward for treatment but unfortunately Subhash succumbed to his injuries in the hospital at about 4.15 PM.