STATE Vs. MANOJ

JUDGEMENT

(1.) Vide impugned judgment dated February 27, 1996 Manoj Kumar was acquitted of the charge for the murder of Sukhbir punishable under Sec. 302 IPC. Leave to appeal petition filed before this Court was declined on September 18, 1996. On Special Leave Petitions filed by Smt. Trikha Devi, maker of the FIR and mother of the deceased Sukhbir and the State, the Supreme Court vide its order dated April 13, 2000 granted leave to appeal and directed the High Court to hear the appeal on merits.

(2.) Police machinery sprung into action on receipt of DD No. 28A on June 27, 1992 recorded at 7.30 PM informing that at Gali No. 4, Punjabi Basti, Pankha Road, Anand Parbat a quarrel has taken place. The police reached the spot and Dhappo and Sanjay daughter and son of Kallo were brought to the police station. At 8.15 PM another call was received that a boy has received knife injury. When the police reached the spot, the injured Sukhbir son of Onkar Singh had been taken to JPN Hospital where he was declared brought dead.

(3.) Statement of Smt. Trikha Devi, mother of Sukhbir was recorded who stated that she was residing at House No. 654/2C, Gali No. 4, Punjabi Basti, Anand Parbat. In front of her house a lady namely Kallo sold fruits and on the other side of the house Kallo's daughter Dhappo sold toffees for children. Both of them used to sell these articles outside the house. At around 7.00 PM her son Sukhbir Singh went to Kallo to purchase grapes for 50 paise however, there was an argument on the money which resulted in a scuffle between the two parties. Her daughter Leela and Smt. Rani wife of her son Harbir intervened in the matter with Sukhbir whereas Sanjay, Dhappo and Kallo grappled from the other side. In the process, all of them received injuries. The police came and took away Dhappo and Sanjay. Her son Sukhbir went away from the house. After about 45 minutes her son Sukhbir came and went to Kallo to apologise when again arguments started between the two. Manoj son of Tej Ram intervened and gave a knife blow on the chest of his son Sukhbir and ran away from the spot along with the knife. Manoj is the grandson of Kallo and stays in the same gali. After receiving the stab injury her son laid down on the cot outside the house and when she raised hue and cry, Dharam Pal took him to the hospital in a three - wheeler. She followed them to the hospital and on reaching she was informed that her son was dead. She stated that besides her, the incident of stabbing was witnessed by Hukum Chand son of Kale Ram and Gulzari Lal son of Hira Lal.