RAJA Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 14th December, 1993 passed by Mr. M.S. Rohilla, Additional Sessions Judge, Delhi where through the convict/appellant (hereinafter referred to as the appellant for the sake of convenience) was found guilty under section 307 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of ten years with a fine of Rs. 2,000.00 . In case of his failure to clear the fine he was further sentences to undergo rigorous imprisonment for a year.

(2.) Brief facts which led to the present appeal are as under : that Public Witness -7 Ram Bharose alongwith Public Witness 9 Ram Vilas went to their hut (jhuggi) situated in Block No. 11 near a dirty drain in Tilak Nagar, New Delhi on 22nd July, 1989 at 4:30 P.M. to collect there from fruits in a rickshaw belonging to one Public Witness 8 Arun Paswan. Public Witness 8 Arun Paswan stopped his rickshaw at a distance of 15-16 paces away from the above said hut. Whereafter injured Public Witness 7 Ram Bharose and Public Witness 8 Ram Vilas covered that distance on foot. The appellant at that time was lying on a cot opposite to the entrance of the hut of the complainant Ram Vilas whereby he virtually blocked the passage leading to the said hut, complainant Ram Bharose requested the appellant to remove his cot in order to enable him to take out the fruits from his hut. The appellant however, did not accede to the request of the complainant Ram Bharose and instead started abusing him. Whereupon Public Witness 7 Ram Bharose requested him not to do so. It led to a flaming row. The appellant took out a dagger and stabbed the injured Ram Bharose on the left side of his abdomen. The injured bled as a corollary whereof. Ram Vilas Public Witness 9 came to his rescue. He raised an alarm. He took the injured to the hospital in a three wheeler rickshaw. The appellant after having caused afore-mentioned injury fled from the spot alongwith the dagger.

(3.) The appellant was arrested by the police on 23rd July, 1989 in a case FIR 424/89 under section 27 of the Arms Act. The appellant made a disclosure statement in the said FIR that the dagger which was recovered from his possession was also used by him in causing injury to Public Witness 7 Ram Bharose.