RAMESH KUMAR ALIAS HAMESHI Vs. STATE OF DELHI

JUDGEMENT

(1.) Appellants Ramesh Kumar @ Mahoshi and Raj Kumar @ Raju have been convicted under Section 302 IPC read with Section 34 IPC for having committed the murder of the deceased Kamal and sentenced to undergo imprisonment for life and also to pay fine of Rs.2,000 each respectively, in default of payment of fine to suffer rigorous imprisonment for the period of six months respectively

(2.) Briefly stated, case of the prosecution is that on 30.4.1994 at about 11.00 p.m. deceased Kamal was having an argument with his mother Shakuntala Devi on the issue of serving hot meals, in front of the tent of the complainant Bablu. The appellant Ramesh Kumar @ Maheshi came out of his tent and reprimanded the deceased saying "kya tune knap khana machaya hua hai". He also started hurling abuses and made some indecent remarks against the character of wife of the complainant. The deceased requested him to leave but the appellant Ramesh kept on abusing. Raj Kumar @ Raju appellant also joined the brawl and caught hold of the deceased from his hair. While the complainant Bablu proceeded to save his brother, the appellant Ramesh @ Maheshi fetched a bottle from his tent and after breaking it, he stabbed the deceased Kamal with the broken bottle on the left side below the chest. Both the appellants fled away from the spot of occurrence. Injured Kamal was taken to the Agrasen hospital in the three- wheeler scooter of Narender, where he was declared brought dead.

(3.) PW3 Baldev Raj conveyed the information to the police. It was recorded as DD No.27A dated 30.4.1994 at the police station Paschim Vihar. Copy of the DD report was forwarded to SI Ram Chander for verification. He went to C-256, Relief Camp, Peera Garhi belonging to PW2 Ashwani Kumar and found that incident had taken place near C-82, Relief Camp, Peera Garhi. Then, he went to the spot of occurrence but no eye-witness was available there. He came to know that the injured had been removed to the hospital. He went to the Agrasen hospital and found that the deceased had been declared dead. No eye-witness was available at the hospital, therefore, he came back to the spot of occurrence, where he met the complainant Bablu and recorded his statement Ex.PW6A and sent it to the Police Station for the registration of formal FIR.