OM PRAKASH ALIAS LEELA Vs. STATE

JUDGEMENT

(1.) The appellant 0m Prakash @ Leela was convicted under section 325 Indian Penal Code and sentenced to undergo rigorous imprisonment thereunder for five years and also to pay fine in the sum of Rs. 200.00 and in default of payment of fine to undergo further rigorous imprisonment for six months by Shri V.S. Aggarwal, Addl. Sessions Judge, Delhi, and the judgment of conviction and the order of sentence were passed on the same day i.e. 18th November, 1985. Feeling aggrieved with the judgment of conviction and the order of sentence the appellant has come up to this court in appeal.

(2.) The case was initially filed under section 307 Indian Penal Code and even the charge was fromed by Shri S.M. Aggarwal, Addl. Sessions Judge, Delhi, under that very provision of law, but while recording the judgment of conviction Shri V.S. Aggarwal, Addl. Sessions Judge came to the view that there was no intention on the part of the appellant to murder and so he held him guilty under section 325 Indian Penal Code and convicted him accordingly thereunder.

(3.) The injured persons in this case are Raj Kumar and Kameshwar and their wives arc Smt. Tari and Smt. Tara respectively. According to the prosecution allegations both these ladies are professional dancing girls on 115 G.B. Road, Delhi, and their husbands are residents of Village Katlana, District Uttar Kashi (U.P.) and both of them are cousins and they had come to visit their wives for a couple of days and on 4th November, 1983 at about 7.30 P.M. when both of them along with their two wives were present at Flat No. 64, G.B. Road wherein Smt. Tara & Smt. Tari were residing, the appellant 0m Prakash @ Leela came there and demanded a bottle of liquor from injured Raj Kumar on whose refusal 0m Prakash appellant took out a knife and stabbed in the abdomen both of Raj Kumar as well as Kameshwar and both these injured persons were then taken to the hospital by Gyano servant of Smt. Tara and Tari where both of them were medically examined.