HARISH CHANDER Vs. STATE

JUDGEMENT

(1.) -The appellant has made a grievance against the order of the learned Additional Sessions Judge, Delhi dated 12th of May 1985 by which the appellant was convicted under section 302 Indian Penal Code . and was awarded imprisonment for life.

(2.) The date of incident is 12th of February 1983 at 6.30 a.m. at Bhikam Singh Colony, Viswas Nagar, Shahdara, Delhi. The first informant is Public Witness . 8 Lal Mohammad (brother-in-law of Zarina, .deceased), Lal Mohmmad along with his wife Hasina was putting up in a Jhuggi at the said place and at a distance across the nullah. Shabir (P.W.10.) father of the deceased was residing in another Jhuggi along with his children. Deceased Zarina was the daughter of Shabir (P.W. 10), his another daughter Hasina is married to Lal Mohammad (P.W.8) who is also a first informant in this case. According to the first information which Lal Mohammad gave to the police at about 6.30 a.m. on 12th of February 1983 he was sleeping in his Jhuggi when he heard an alarm and on opening the door he found the appellant grappling with the deceased. The appellant was known to him as he was a tenant of his father-in-law. When he asked the appellant as to what was the matter, the appellant inflicted a number of blows with knife on Zarina which hit her on different parts of the body. His wife Hasina also came out of the house and some more people collected on the spot. The appellant thereafter escaped and even though be chased him, be was unable to over-power the appellant. While escaping the appellant left his chappals behind at the place of incident and managed to escape with the knife. When be returned be found his sister-in-law Zarina dead in the courtyard of his Jhuggi.

(3.) On the same day at 12.30 p.m. the post-mortem of the dead body was conducted by Public Witness .7 Dr. L.T. Ramani. He noticed the injuries on the person of the deceased and also opined that the cause of death was the injuries received by the deceased with a sharp edged weapon on the same date and the time of the incident. There is no need for us to make reference to the detailed statement of Dr. L.T. Ramani as it has been mentioned in detail in the order of the learned Additional Sessions Judge and there is no dispute about the cause of death.