SURJIT SINGH Vs. STATE

JUDGEMENT

(1.) The appellant Surjit Singh, alias Tite, was found guilty of offence under section 302 Indian Penal Code by the Addl. Sessions Judge, Delhi. He was convicted by his order date 13-12-82 and was sentenced to life imprisonment vide order dated 16-12-82. Beside, a fine of Rs. 20001- was also imposed, in default of payment of which he was also sentenced to undergo six months imprisonment. Feeling aggrieved, this appeal has been preferred.

(2.) The incident is of 24-10-81 at about 5.35 P.M. in the area " of Central Market, Madangir. The victim is one Sheel Kumar. The facts are that the deceased Sheel Kumar was selling golgappas on a Rehri in front, of the shop of Public Witness 5 shri Suraj Pal. His brother Public Witness 1 Kishan Lal was also running a book shop in the same market about 60 to 65 yards away from him. Just before the incident the appellant had allegedly eaten golgappas from the deceased but when the deceased demanded the price ' thereof, there was an argument. On the insistence of the deceased to collect price he was given two stab blows with a dagger in the chest by the appellant, attracting Public Witness s 1-4 & 5. Before they could intervene the the appellant allegedly escaped from the scene. Prosecution case further is that the appellant is a known ruffian.

(3.) The deceased was immediately removed to Safdar Jung Hospital. He was declared brought dead. On their way to hospital on a question put by Public Witness 1 Kishan Lal as to why was he stabbed the deceased told him that, on demanding payment Tite told him that he was a Badmash of the area and nobody dares to demand payment from him and for that reason he was stabbed.