SIKENDER LAL Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 24th September, 1992 and order dated 26th September, 1992 of the Addl. Sessions Judge, Delhi convicting the appellant under Sections 302 I.P.C. and 27 of the Arms Act and sentencing him to undergo imprisonment for life and pay fine of Rs. 2000.00 under Section 302 and R.I. for one year and fine of Rs. 500.00 under Section 27, Arms Act.

(2.) There was a dispute between the appellant Sikander Lal (hereinafter referred to as the appellant) and his brother-in-law Ram Nath about a shop being shop No. 31, Central Road, Bhogal, New Delhi. Chaman Lal and Kundan Lal were real brothers who were running a business of selling vegetables in the said shop. Chaman Lal died and in his place his son Sikander Lal, the appellant started doing the same business in the shop. Kundan Lal, the other brother who was doing business alongwith father of the appellant became too old and stopped attending to the shop. In his place he put up his son-in-law. Ram Nath in the shop. Ram Nath was selling tea from one side in front portion of the shop.

(3.) As per the prosecution case on 30th June, 1987 at about 1.40 p.m. a quarrel took place at the said shop between Sikander Lal, the appellant and the deceased Ram Nath. In the course of the quarrel the appellant took out a knife from his Dub and stabbed Ram Nath in the abdomen. Ram Nath received another knife blow on his left arm. Two policemen, namely. Constable Kitab Singh and Constable Ram Avtar were on patrol duty at the relevant time and witnessed the crime. In fact they over powered the appellant and held on to him till the police arrived and arrested him. The appellant was already known to both the policemen as they were the beat constables of the area. On arrival of the police the statement of Constable Kitab Singh was recorded which formed the basis of the F.I.R. Vikas Chawla, son of Ram Nath was present at the spot at the time of the incident. He, alongwith a neighbouring shop keeper, Suraj Bhan took the injured in a three-wheeler scooter to the hospital. The appellant was caught red handed and the blood stained knife, i.e. the weapon of offence was taken into possession by constable Kitab Singh which he later on handed over to the 1.0. The 1.0. took possession of the kinfe after preparing a seizure memo. He also prepared a sketch of the blood stained knife. The total length of the knife was twelve and half inches out of which the blade was eight and half inches and handle four inches. The knife had sharp edges on both sides.