GULSHAN KUMAR @ BUDHA Vs. STATE

JUDGEMENT

(1.) THE appeal is directed against the impugned judgment dated 10th May 1995 convicting the appellant under Section 302 IPC and the order on sentence dated 12th May 1995 sentencing the appellant to undergo imprisonment for life and to pay a fine of Rs. 5,000/ -, in default to which to further undergo RI for one year.

(2.) THE case of the prosecution is that the appellant worked in a factory of one Harbans Lal located at Sultan Puri. The factory was for manufacture of knives, sharpening and polishing the same. The appellant is stated to have owed a sum of Rs. 450/ - to Parveen Kumar (deceased) who along with his brother Ashwani Kumar (complainant) were engaged in the supply of spare parts. On 2nd September 1990, the deceased and the complainant are stated to have gone to the appellant to demand the repayment of the amount owed, but the appellant expressed his disinclination to make the payment at that stage. The father of the deceased also reached at the site and pressed for payment and some hot words were exchanged between the parties on that account. The matter escalated to such an extent that the appellant rushed inside the factory and came back with a 'chhuri' (kitchen knife) and stabbed the deceased on the left side of the chest, whereafter the appellant ran away despite the efforts of the complainant to apprehend him. The deceased was rushed to the DDU Hospital, where he was declared brought dead.

(3.) THE appellant on being charged under Section 302 IPC pleaded not guilty and claimed trial.