LAXMI PRASAD ALIAS LACHHI Vs. STATE

JUDGEMENT

(1.) ON being convicted in terms of the impugned judgment dated 09. 09. 1996 for the murder of Ram Charan (hereinafter called as deceased) punishable under section 302 IPC and sentenced to undergo RI for life and to pay a fine of rs. 1,000/-, in default of payment of fine to undergo further RI for a period of six months in terms of the order on sentence of the even date, the appellant has preferred this appeal.

(2.) BRIEFLY stated, case of the prosecution is that on the night of 28. 06. 1992 at around 11. 30 p. m. , the appellant suddenly entered the jhuggi of the deceased and inflicted a stab wound on the left side of his abdomen with a knife. He threw the knife at the spot and further made an endeavour to strangulate the deceased with his hands. PW2, Din Dayal tried to intervene and caught hold of the appellant with the aid of other persons. The deceased was rushed to the hospital where he was declared brought dead. The constable on duty at RML Hospital conveyed this information to the police station, which was recorded as DD No. 21a (Ex. PW8/a) at 1. 00 a. m. on 29. 06. 1992. On the receipt of dd report, PW8/asi Bheem Singh along with PW7/constable Om Parkash reached aiims. PW19/s. I. Ranbir Sngh also reached there. S. I. Ranbir Singh recorded the statement (Expw2/a) of PW2/din Dayal regarding the occurrence and sent it to the police station along with his endorsement (Expw19/a) for the registration of the case. On the basis of said statement, formal FIR No. 350/92 was registered under Section 302 IPC at 3. 00 a. m. and special report was forwarded to the concerned Magistrate and senior officers. S. I. Ranbir Singh along with other officials and the complainant came at the spot of occurrence. PW1, Bhoni and PW4 Chottey Lal produced the appellant before the Investigating officer. The knife Ex. P1 which was lying at the spot was seized, blood stained "moonj" of the cot, Ex. P2 and cot Ex. P5 were also seized from the spot. Pyjama, Ex. P3 and Baniyan Ex. P4 of the accused which were stained with blood were also seized and the appellant was arrested. Inquest proceedings were completed and the dead body was sent for post mortem. The seized material was sent to CFSL for chemical analysis and the report was obtained. Scaled site plan was prepared.

(3.) ON completion of investigation, the appellant was sent for trial for the offence punishable under Section 302 IPC. On being charged for the offence of murder of the deceased, the appellant pleaded innocence and claimed to be tried.