SUSHIL KUMAR @ GUDDU Vs. STATE

JUDGEMENT

(1.) The appellant has filed the present appeal challenging the impugned judgment dated 29.09.2000 and order on sentence dated 11.10.2000 passed by the learned Trial Court in Sessions Case 128/96 by which the appellant was convicted under section 302 of the Indian Penal Code (briefly 'the IPC'). He was sentenced to imprisonment for life with a fine of Rs. 5000. In default of the fine he was to undergo rigorous imprisonment for one year. The sentence of the appellant was suspended vide order dated 30.07.2002 by this Court.

(2.) Briefly put, the case of the prosecution is that on the intervening night of 6/7.10.1989 an information was received by the Duty Officer in the PS that a quarrel had taken place in Gian Park, Chander Nagar and injured Vivek (deceased) had been admitted in GTB Hospital by his mother Smt. Chandrakanta. This information was recorded by DD No. 24A however another DD No. 20A was recorded on the basis of which SI Chander Shekhar (PW-2) proceeded towards the place of incident. The deceased was declared 'Brought Dead' as recorded in the MLC No. 2981/89. Statement of eyewitness Vineet (PW-6) who is the brother of the deceased was recorded in GTB Hospital. Vineet informed that on the previous night he along with his deceased brother, Pradeep (PW-9) and Suresh (PW-18) had gone to see Ram Lila in Gian Park where his brother Vivek sought permission from Sushil @ Guddu (appellant), Manoj @ Balli and Salim to allow one of his friends to participate in the dance which was played on the Stage. The appellant and his friends objected to this request and a verbal altercation took place between the two groups.

(3.) The next day Vineet (PW-6) along with his deceased brother Vivek, Pradeep (PW-9) and Suresh (PW-18) went to apologise for the previous day's incident outside the appellant's house where a physical fight broke out between the two groups. Father of the appellant i.e. Sukhlal came out with a hockey stick and exhorted the appellant "Maaro salo ko" and on hearing this, appellant took out a knife and stabbed the deceased several times due to which he became unconscious and fell down after which the appellant along with other companions fled away. This incident was also seen by a passerby Fateh Singh (PW-4). PW-6 along with his companions removed the deceased to GTB Hospital in a three-wheeler where the mother of the deceased had also reached pursuant to being informed about the incident. The mother of the deceased i.e. Smt. Chandrakanta got the deceased admitted in GTB Hospital. He was admitted on 06.10.1989 at 11:30 PM in GTB Hospital, Shahadara with alleged history of stabbing. He was declared "brought dead" in the casualty. His MLC is Ex PW13/A. On the basis of statement of Vineet Gupta F.I.R No. 324/89 (Ex PW17/A) was registered under sections 302/323/34 of the IPC.