DEEPAK PANDEY Vs. STATE

JUDGEMENT

(1.) The challenge in this appeal by the sole accused is to the judgment dated 17th November, 2015 passed by the learned Additional Sessions Judge-03, Tis Hazari Courts, Delhi in Sessions Case No.74/2013 arising out of FIR No.122/2013 registered at Police Station ("PS") Kotwali convicting the Appellant for the offence under Section 302 IPC and the order on sentence dated 30th November 2015 whereby he was sentenced to rigorous imprisonment for life with a fine of Rs.5, 000/-, and in default of payment of fine to further undergo simple imprisonment for six months.

(2.) The charge against the Appellant was that on the intervening night of 12/13th July, 2013, at around 12 midnight at the pavement of Bankhandi Mandir, Opposite ODRS, he stabbed Saleem @Sahid (deceased) with a knife on the neck thereby committing an offence punishable under Section 302 IPC.

(3.) This is a case based on direct evidence where there have been two eye-witnesses to the occurrence. Sumit Prasad (PW-1) was running a kiosk of beedis and cigarettes on the pavement near Bankhandi Mandir for four years prior to the incident. PW-1 used to sleep on the pavement itself. The deceased also slept on the same pavement. He was known to PW-1 for about 3-4 years prior to the incident. PW-1 also knew that one Sonia (PW-2) resided with the deceased on the pavement. While the deceased had told PW-1 that he had married PW2, PW-1 was aware that PW-2 was earlier living with the Appellant on the same pavement. According to PW-1, the Appellant and the deceased used to quarrel frequently on the issue of PW-2. According to PW-1, the Appellant did not want PW-2 to live with the deceased. PW-1 had himself heard the Appellant threatening the deceased that if he did not leave PW-2, there would be consequences that would not be good.