RAJ KUMAR Vs. STATE

JUDGEMENT

(1.) Appellant Raj Kumar S/o Krishan Rao stands convicted for the offence under Section 302 Indian Penal Code and sentenced to suffer imprisonment for life and fine of Rs. 500.00 in default further R.I. for one year and for the offence under Section 27 of the Arms Act sentenced to suffer R.I. for three years in Sessions Case No. 10/89 in FIR No. 205/88 Police Station Ambedkar Nagar, Delhi by the learned Additional Sessions Judge, Delhi.

(2.) The facts leading to the filing of the present appeal shortly stated are that on 3.9.88 at about 10.10 P.M. from AIIMS, Duty Constable Dalbir Singh conveyed a telephonic information to Ambedkar Nagar Police Station to the effect that one Arun Rao had been admitted in the hospital with stab injuries; that on receipt of this information DD No. 17-A was recorded and Constable Vijender Singh went to the hospital and obtained MLC of Arun Rao; that the statement of Keshav Rao, uncle of injured Arun Rao was recorded in the hospital stating that at about 9.15 P.M. near Central Market, he saw Raj Kumar who was known to him before, chasing his nephew Arun Rao entangled him with his leg with the result Arun Rao fell down and Raj Kumar gave three to four blows to Arun Rao with the knife that he was having and thereafter Raj Kumar fled towers the chowk. According to Keshav Rao, this incident was also witnessed by Babu Khan and Vijender Singh and others. That Krishan Rao, father of Arun Rao was sent for who reached the place of occurrence and took the injured Arun Rao to the hospital. The said complaint given by Keshav Rao was sent to the police station for registration of the offence on the basis of which case under Section 307 Indian Penal Code was registered vide FIR No. 205/88 and thereafter the usual investigation began. The accused Raj Kumar was arrested on the same night from a part near Baratghar situated in L-II, Madan Gir. As the accused was having injuries on his person he was sent to the hospital for medical examination. That in course of the investigation, the police lifted sample blood, blood stained earth, controlled earth from the spot, prepared the site plan, that the accused made disclosure statement and led the police party to the place wherefrom he got recovered a blood stained knife which was seized vide necessary seizure memos; that the clothes of the deceased and the kurta of the accused were also recovered. That injured Arun Rao succumbed to his injuries on 4.9.1988 in AIIMS. The FIR was then converted for the offence under Section 302 IPC; that inquest panchnama was drawn. The post mortem on the body was conducted. That the investigating agency also recorded the statements of the witnesses and filed charge-sheet against the accused for the offence under Section 302 Indian Penal Code and Section 27 of the Arms Act. The accused denied the charges leveled against him and claimed to be tried. The prosecution adduced oral as well as documentary evidence to bring the guilt home to the accused. The statement of the accused was recorded under Section 313 Criminal Procedure Code with regard to the circumstances emerging from the prosecution evidence incriminating against the accused. The learned trial judge appreciating the evidence adduced by the prosecution and considering the statement of the accused found the accused guilty for the offence under Section 302 Indian Penal Code and Section 27 Arms Act and sentenced the accused as aforestated. It is this finding of guilt and the sentences imposed which have been assailed by the appellant/convict in this appeal under Section 304(II) of the Criminal Procedure Code.

(3.) It is the case of the prosecution that the incident of stabbing Arun Rao with knife took place at about 9.15 P.M. in Central Market Chowk and that Babu Khan Public Witness -5, Vijender Singh Public Witness -7 and Keshav Rao Public Witness -1 who is also the complainant, witnessed the occurrence.