KUPPA KALI PARMAL Vs. STATE OF DELHI

JUDGEMENT

(1.) The Appellant is aggrieved by the judgment and order dated 13th November, 1996 passed by the learned Additional Sessions Judge in Sessions Case No. 80/1994. The Appellant was convicted of an offence punishable under Section 302 of the Indian Penal Code (for short the IPC). He was sentenced to undergo imprisonment for life and also payment of fine.

(2.) The broad facts of the case are that on 25th March, 1994, on the date of Holi festival, the Appellant threw some coloured water on Smt. Mariamma, wife of the deceased Kali Machhiwala. This was objected to by her and by Kali Machhiwala leading to an exchange of hot words between them and the Appellant. Thereafter, Kali Machhiwala slapped the Appellant who then went to his jhuggi which was about 20 paces away and brought a knife with which he stabbed Kali Machhiwala on the left side of his chest and shoulder. The victim started bleeding profusely and fell down. His wife, Smt. Mariamma tried to stop the bleeding with her saree but was unable to do so. She also tried to apprehend the Appellant but he pushed her and ran away. At that time, someone informed the police and the victim was then removed to the All India Institute of Medical Sciences in a police van. Smt. Mariamma accompanied the victim to the hospital where he was declared as brought dead.

(3.) The police conducted their investigations and it transpired that there was one eyewitness to the incident, that is one person by the name of Tinku but he could not be found out at all. On the basis of the investigations conducted by the police, a challan was filed and, thereafter, the following charge was framed against the Appellant: