SURESH Vs. STATE

JUDGEMENT

(1.) By this appeal, Suresh, s/o 0m Parkash is challenging his conviction for the offence under Section 302 Indian Penal Code. He also challenges the legality of the order of the Addl. Sessions Judge, Delhi imposing imprisonment for life on him. The impugned judgement and the order of sentence were passed on 23rd October, 1984. Mr. Sud, learned counsel for the appellant has taken us through the prosecution evidence and also the statement of the accused recorded under Section 313 of ,the Code of Criminal Procedure. The appellant did not lead any evidence.

(2.) After hearing counsel we are of the opinion that the allegation of the prosecution that the appellant herein had stabbed Hari Singh on 29th May, 1982 at about 7.30 P.M. in front of his (appellant's) house, has been conclusively proved.

(3.) We have no doubt in our mind that Public Witness .I Shri Bhagwan Dass, on whose statement, the F.I.R. was recorded and who had taken Hari Singh in an injured condition to the hospital, where he was declared "brought dead", is to be believed. Bhagwan Dass was an eye witness to the occurrence. He also resides in the same street of Basti Julahan, Sadar Bazar, Delhi where the deceased as well as the appellant were living. He is a natural witness. After finishing his work on 29th May, 1982, he was returning to his house and when he reached in front of the house of Suresh, i.e., the appellant herein, he saw him (Suresh) grappling with Hari Singh and abusing him. He deposed that Suresh was abusing Hari Singh and accusing him of casting an evil eye on his sister (the appellant's) and that he would teach him a lesson. The appellant then took out "a double edge blade open knife from the dub of his pant" and gave a blow on the left chest of Hari Singh. He again attacked Hari Singh twice with a knife but the blows fell on his face. According to this witness, the appellant after inflicting injuries ran away. After the incident a number of persons gathered at the place of occurrence. This witness with the help of Bhagat Singh, p.W. 2, the brother of Hari Singh, took the injured in a three-wheeler scooter to the hospital where he was declared "brought dead".