VINOD KUMAR @ DOLLY Vs. STATE OF DELHI

JUDGEMENT

(1.) ONE Bhagirath (deceased) was gainfully employed as a TSR driver. On 20.6.1992, Bhagirath along with Uma Shankar (PW1) and Kishan Lal (PW3) was standing near the Godbin Lodge at about 4.30 p.m. Since these persons wanted to have some water, they fetched two empty tumblers from Raja Ram (PW2) who was a juice seller and then he went to Godbin lodge to bring some water. The deceased met the appellant at the counter and asked for some water, which is stated to have been declined by the appellant. This resulted in an altercation and the deceased gave a slap to the appellant. The appellant feeling humiliated left in anger and came back after 5 -6 minutes, whipped out a dagger from the dub of his pant and stabbed the deceased on the left side of the chest whereafter the appellant ran away. The endeavour to apprehend the appellant proved futile as it is alleged that he even attacked PW1 in order to escape.

(2.) THE appellant was charged for offence under Section 302 IPC read with Section 307 IPC and Section 27 of the Arms Act and was found guilty for offences under Section 302 IPC and Section 27 of the Arms Act while being acquitted of the charge under Section 307 IPC in terms of judgment dated 29.6.1996 and was sentenced to undergo rigorous imprisonment for life and to pay Rs. 100/ - as fine and in default of fine, to undergo RI for a period of two months under Section 302 IPC and was sentenced to undergo RI for 3 years under Section 27 of the Arms Act, both sentences running concurrently.

(3.) THE constable on duty in the hospital passed on the information of the death of the deceased to P.S. Nabi Karim where DD No. 18/A was recorded and SI Jai Kishan was entrusted with the investigation, who went to the place of occurrence first and thereafter proceeded to the hospital where he recorded the statement of PW1. The Rukka was sent through Constable Kulwant Singh, PW20 for registration of the case. The blood samples were lifted from the site as also the glasses which were lying broken at the site. The appellant had left the chappals behind, which were also taken into possession. The shirt of PW1, which was stained with blood in the process of lifting the deceased was also taken into possession by the IO.