RAJESH KUMAR Vs. STATE

JUDGEMENT

(1.) Rajesh Kumar has challenged the.;Judgmentof the learned lower court passed on 3rd September, 1984, holding him guilty under Section 302 Indian Penal Code for causing the murder of Virender Singh and also under Section 324 Indian Penal Code for causing a simple injury with a sharp-edged weapon on the person of Bhuvan Chand. On the same day, he was sentenced to undergo imprisonment for life alongwith a fine of Rs. 500.00 , in default of payment of which, he was required to undergo R.I. for one year for stabbing Bhuvan Chand under Section 324 Indian Penal Code Both the sentences of imprisonment were, however, ordered to run concurrently.

(2.) . The facts in brief are that on 26th May, 1983, Raj Kumar nephew of the accused had picked up a quarrel with Virender Singh (deceased) and Dhan Raj. On the following day, Virender Singh and Dhan Raj were seen sitting in the park by the complainant Kundan Singh. At about 9 P.M., Kundan Singh beard an exchange of hot words between Rajesh on the one side and Virender and Dhan Raj on the other. Kundan Singh rushed there to pacify the warring groups. In the meantime, Bhuvan also reached there. Rajesh accused at that time proclaimed in a loud voice that he would teach them a lesson for giving beating to Raj Kumar. When the scuffle between them started, Kundan Singh intervened and separated them. Rajesh accused then left for his house in anger, while hurling abuses. With the intention to patch up the disputes, Kundan Singh, complainant alongwith Virender, Bhuvan and Dhan Raj, followed the accused to his house. Bhuvan was ahead of them all. The moment Bhuvan after climbing the platform (chabutra) had reached the gate of the appellant's house no. 105-D, Rajesh all of a sudden, came out armed with a knife and instantly stabbed Bhuvan on his left leg. The accused then gave blows with the same knife on the chest of Virender and escaped with it, towards ganda nallah. Both Bhuvan and Virender started bleeding. Virender had hardly retraced 4/5 steps when he fell down on the ground while holding his chest. He was immediately put on a cot and was removed to his house from where his father rushed him to Hindu Rao Hospital. Bhuvan was also removed to the Health Centre of the Delhi University by his father.

(3.) . At the hospital, Dr. G.K. Tandon examined Virender Singh. He found that there was no pulse, no heart sounds, no respiration and the pupils were dilated and fixed. The patient was declared "brought dead", vide MLC Ex. Public Witness IO/A.