AJAY @ GADNU Vs. STATE

JUDGEMENT

(1.) The present appeal has been filed by the appellant-Ajay @ Gadnu under Section 374 Cr.P.C. against the judgment of conviction dated 06.04.2015 and order on sentence dated 07.04.2015 passed by learned Additional Sessions Judge-02 (Central), Tis Hazari Court, Delhi whereby the appellant has been convicted under Section 302 IPC and sentenced to undergo imprisonment for life and fine of Rs.25, 000/- and in default of payment of fine to further undergo simple imprisonment for a period of three months for the offence under Section 302 IPC.

(2.) As per the case of the prosecution, on 27.04.2011, an information was received vide DD No. 9A at 06.15 A.M. that a lady had been stabbed with a knife at Chinnot Basti, behind C-68 White House Hostel, Laxmanpuri Chowk and that the assailant had been caught. The said information was assigned to SI Ram Narayan, who along with Ct.Ram Gopal reached the spot and found that the injured Kalawati had been taken to the hospital along with the assailant Ajay and his brother Ramesh. On inspection of the spot, it was found that a bed was lying in the room having a blood stained bed sheet. Blood was also found lying at two spots on the floor. One blood stained knife was found behind the door of the said room. A constable was left was at the spot to safeguard the same, and SI Ram Narayan reached RML Hospital and collected the MLC of Kalawati. On the MLC Ex.PW-19/A, the doctor observed an incised wound on right palm, a stab wound on right side of neck, and a stab wound in mid abdomen towards the left side with protrusion of the intestine. The patient was declared unfit for statement. Statement of the eye witness Ashok Tripathi (PW2) was recorded.

(3.) In his statement, Ashok Tripathi stated that in the adjoining house No.C-68, Chinnot Basti, his real uncle Shesh Dutt Tripathi along with his family, including aunt Smt.Kalawati, was residing. His uncle was living on rent on the second floor of house no.C-68. In the locality, water in the taps used to come at 06.00 a.m. and the tap was situated in the rear street. He used to fill water and deliver it to the house of his uncle. On 27.04.2011, at about 6.00 a.m. when he went to the house of his uncle to take an empty plastic can and reached near the door, he heard the loud cry of his aunt from inside of the room. He pushed open the door of the room and found that the accused Ajay @ Gadnu was giving knife blows to Smt.Kalawati while she was lying on the ground. He raised an alarm due to which several people came there. Accused Ajay was caught and was given beatings. Meanwhile, Ramesh-younger brother of accused Ajay also came there who was also given beatings by the people. The witness found his aunt in a pool of blood. She was taken to RML Hospital in a TSR where she died. He further stated that the accused earlier also had a quarrel with the deceased on the issue of filling water.