KIRTI KUMAR @ NIKHIL Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Since this court has heard the appeal, application for suspension of sentence is dismissed as infructuous. By the present appeal the appellant challenges the judgment dated 18 th March, 2017 convicting him for offence punishable under Section 307 IPC and the order on sentence directing him to undergo rigorous imprisonment for a period of five years and to pay a fine of ?50,000/- in default whereof to undergo simple imprisonment for two months.

(2.) The case of the prosecution is that at about 9.34 PM on 5 th September, 2015 a PCR call was received that outside House No. 345, Gali No.16, Rangpuri, Delhi, of stabbing and when the PCR reached it was revealed that Kirti the appellant herein had stabbed on the chest and abdomen of Monu. The said PCR call has been exhibited vide Ex.PW-13/A wherein the name of the appellant and the injured are specifically mentioned. Before the PCR could reach the spot, parents of injured had taken him to the hospital as is also evident from the MLC Ex.PW-8/A.

(3.) FIR No.990/2015 was registered at PS Vasant Kunj on the complaint of Raj Kumar (PW-1) father of the injured who stated he was working in MCD Dispensary, Najafgarh as a Ward boy. Around 9.30 PM his son Sandeep was standing outside the house. He called his son inside the house to have dinner. In the meantime Kirti who lived as a tenant in the neighbourhood came with the knife in his right hand and started abusing his son Mandeep, stating that why he was interfering and standing over there and that he would finish him. On this his son asked Kirti not to abuse. Kirti from his right hand inserted the knife in the chest and left side of his son and twisted the same inside and left the knife as it is. The complainant called his elder son Sandeep who caught Kirti at the spot and in the meantime he took his son to Indian Spinal Injuries Centre.