ASHOK KUMAR @ JHABRU Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 2nd January 2002 passed by the learned Additional Sessions Judge, New Delhi in Sessions Case No. 24/1998 arising out of FIR No. 298/1997 registered at Police Station ("PS") Chanakya Puri, convicting the Appellant under Section 302 of the Indian Penal Code ("IPC") and the order on sentence of the same date sentencing him to imprisonment for life and a fine of Rs.2,000/- and in default of payment of fine to undergo rigorous imprisonment for six months.

(2.) The charge against the Appellant was that at around 12.45 pm on 28th September 1997, near Service Road, Bapu Dham Telephone Depot, Jhuggi, Indira Camp, the Appellant murdered the deceased Om Prakash by stabbing him with a knife and thereby committing the offence punishable under Section 302 IPC.

(3.) There were two eye witnesses to the occurrence. One was Kalli Devi (PW5) in front of whose house the incident occurred. The other eye witness was Puran Singh (PW7), an uncle of the deceased who, at the time of the incident, was present at the barber's shop on the very road where the incident occurred.