ANIL Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) Present appeal is directed against the judgment dated 05.02.2016 and the order on sentence dated 08.02.2016 passed by the learned Trial Court in FIR No.145/2011, Sessions Case No.78/15(Old No.89/2011), by which the appellant stands convicted under Section 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 20,000/- and further sentenced to simple imprisonment for a period of six months in case of default of payment of fine.

(2.) The case of the prosecution is that a DD no.42A dated 14.06.2011 was received, upon which SI Jai Parkash along with Constable Mahesh went to Bhagwan Mahavir Hospital, Pitampura, Delhi and collected the MLC of one Sanjay, who had received stab injury over upper right side of the abdomen. Another DD no.46A regarding death of Sanjay was received at 11:50 p.m. In the Hospital, statement of one Rahul was recorded and he stated that he is residing along with his parents and doing job at Gandhi Vastra Bhandar, A-727, Camp No.4, Jwala Puri, Delhi. The appellant Anil @ Hunny S/o Sh. Ghissa Ram r/o H. No.B-605, Camp No.4, Jwala Puri, Delhi is also doing job at Gandhi Vastra Bhandar. Rahul's elder brother Mukesh and their known distant relative Sanjay S/o Sh. Bhanwar Lal used to work at Punjabi Basti Nangloi. Mukesh and Sanjay used to pick him on cycle from Gandhi Vastra Bhandar after finishing their work and from there; they used to go to their houses in Nihal Vihar. 2-3 days prior to the incident Sanjay had some altercation with the appellant Anil @ Hunny and he had threatened him to see him later on. On 14.06.2011 at about 9.45 PM, Rahul along with the appellant Anil @ Hunny were present at Gandhi Vastra Bhandar and his brother Mukesh and Sanjay came there on cycle and at that time he was closing the shop. The appellant Anil asked Sanjay as to why he was staring at him and the appellant started verbal altercation with him (Sanjay). Thereafter, the appellant Anil @ Hunny took out meat cutting knife from the back side pocket of his pant and gave a knife blow on the abdomen of Sanjay and he fled from the spot with the knife. It is also mentioned that the appellant Anil @ Hunny was residing in the neighbourhood and during day time he went to his house. When the appellant Anil returned to the shop he was having meat cutting knife with him. Blood started oozing from the abdomen of Sanjay and the owner of Shop, Desh Raj Gandhi took Sanjay to Bhagwan Mahavir Hospital, Pitam Pura in his car. During treatment, the doctor declared Sanjay dead. It was also stated by Rahul that he had witnessed the incident of killing Sanjay (hereinafter referred to as 'the deceased') by giving knife blow to him.

(3.) After completion of the investigation, charge sheet was filed. Charge under Section 302 of the Indian Penal Code (hereinafter referred to as 'IPC') was framed against the appellant to which he pleaded not guilty and claimed to be tried. In order to prove its case, the prosecution examined 18 witnesses in all. The statement of the appellant was recorded under section 313 of the Code of Criminal Procedure, 1973 wherein he denied all the incriminating circumstances and claimed to be falsely implicated in the present case. No evidence was led by the appellant in his defence.