MANOJ KUMAR @ DHILLA Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) This is an appeal directed against the order dated 26th February 2003 passed by the learned Additional Sessions Judge in SC No.4/2000 arising out of FIR No.1004/1999 registered at PS Sultanpuri convicting the Appellant for the offences punishable under Section 302 IPC and the order on sentence dated 27th February 2003 by which the Appellant was sentenced to undergo rigorous imprisonment for life along with fine of Rs.10, 000/- and in default of payment of fine, to undergo simple imprisonment for three years.

(2.) The charge against the Appellant was that on 15th September 1999, at around 7:15 pm, he had committed the murder of the deceased Jaswant @ Mannu by inflicting knife injuries on the left side of his chest.

(3.) There were three purported eye witnesses to the incident, namely Satvir Singh (PW-5), Dev Raj (PW-8), and Anil Kumar (PW-9). During the trial, PWs- 8 and 9 turned hostile and declined to support the case of the prosecution. The prosecution, therefore, heavily relied upon the evidence of Satvir Singh (PW-5) who stated that on the fateful day, he was present in his house when he heard a quarrel taking place at a distance of 10 paces from his house. He noticed the exchange of hot words taking place between the Appellant and the deceased, who happened to be his neighbor. He then saw the Appellant taking out a knife from the dub of his pant and gave a knife blow on the left side of the chest of the deceased and immediately thereafter, started running from the spot. However, when an alarm was raised, the Appellant appears to have been apprehended on the same day itself.