DAULAT Vs. STATE GOVT OF NCT DELHI

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Whereas co-accused Sonu, against whom the prosecution alleged the role of exhorting the appellant who thereupon inflicted two stab wounds on the person of the deceased Ram Singh, has been acquitted on account of insufficient evidence to prove the alleged exhortation, vide impugned judgment dated 18.11.2005, the appellant has been convicted for the offence of murdering Ram Singh. The appellant has been directed to undergo imprisonment for life and to pay a fine of Rs.5,000/-.

(3.) The case of the prosecution is that in the intervening night of 25/26.11.2003 Ram Singh, a resident of Block B-3, Raghubir Nagar was outside his house No.925. He was in the company of his wife Pushpa Devi. They were unloading goods from a cart. The appellant and Sonu were passing by and told them to get out of the site. Without any provocation, Sonu instigated Daulat saying "ye sala dada banta hai, aaj iska kaam tamam hi kar dete hain", upon which, appellant took out a knife from his pant and stabbed Ram Singh twice in the abdomen.