ANISH MALIK Vs. STATE

JUDGEMENT

(1.) VIDE impugned judgment and order dated 21. 8. 2000, the appellant has been convicted for the offence of murder as also for the offence punishable under section 27 of the Arms Act. He has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 2,000/- for the offence of murder and to undergo imprisonment for one year for the latter offence. Both sentences have been directed to run concurrently.

(2.) WE need not pen a lengthy judgment for the reason, accepting in to-to the case of the prosecution, the offence which is made out is that of culpable homicide not amounting to murder.

(3.) THE case of the prosecution is set out in the statement of the complainant, mukhtar Ali (who we note has turned hostile) and has been reflected by the learned Trial Judge in para 3 of the impugned decision, as under:- "si Krishan kumar recorded the statement of Mukhtar Ali to the effect that for the last 15 days he was working in the factory of Sharafat Ali located in house No. 12a/21b, sanjay Gali, Subhash Mohalla, Maujpur, Delhi. He was doing the stitching work there. On that day at about 1 PM he was stitching while sitting on the machine. Anish was a Contractor who used to pay Rs. 10/- for stitching per piece. He used to charge Rs. 12/- from Sharafat Ali as stitching charges for one piece. Bhoora khan stitched some piece of cloth and handed over the same to Contractor Anish. Bhoora Khan was saying that he has to take Rs. 600/- more from Anish as stitching charges. Anish was saying that he has paid all the stitching charges to Bhoora khan. Upon this, a quarrel started between the two. Anish was saying that he was a Contractor and Bhoora Khan has insulted him before the other workers. Anish further said that he will teach a lesson to Bhoora Khan. In the meanwhile Anish took a knife meant for cutting vegetables from there and saying that he will finish Bhoora Khan, stabbed him on the chest near the nipple. When Anish was going to stab Bhoora Khan for the second time, Mukhtar Ali, Mehmood Ali, nizamuddin and Sumer Singh caught Anish along with the knife. "