RAJIV KATYAL Vs. STATE

JUDGEMENT

(1.) THE appellant Rajiv Katyal was found guilty of having murdered his uncle (father 's brother) Satya Pal and was accordingly convicted for the offence punishable under Section 302 IPC by the learned Additional Sessions Judge, Delhi by his judgment dated 27.10.1993 in Sessions Case No.56/1992 (Old No.21/1986) arising out of FIR No. 558/1985 under Section 302 IPC registered at Police Station Moti Nagar, Delhi. By virtue of a separate order of the same date, the learned Additional Sessions Judge sentenced the appellant to undergo rigorous imprisonment for life as also to pay a fine of Rs 3,000.00 and in default of payment of fine, he was to suffer further rigorous imprisonment for a period of one year.

(2.) AS per the prosecution, the appellant Rajiv Katyal committed the murder of his uncle Satya Pal on 19.11.1985 at about 9.00 a.m. near C-183, Moti Nagar, New Delhi. The said murder is said to have been committed by the appellant by using a pointed iron object referred to as "sua ". It is alleged that the appellant repeatedly stabbed his uncle Satya Pal with the said sua on his chest and abdomen and thereafter fled from the scene. Satya Pal was first taken to Vohra Nursing Home, Rajouri Garden by PW-5 (Gulshan Kumar, another uncle of the appellant and brother of the deceased Satya Pal) and others. Since no doctor was available at the said nursing home, the injured Satya Pal was taken to Rana Nursing Home. As per Exhibit PW-9/DB, injured Satya Pal arrived at Rana Nursing Home at 9.45 a.m. and passed away shortly thereafter at 9.51 a.m. and the police was thereafter informed.

(3.) IT was further stated that on 19.11.1985 at about 8.30 a.m., PW-1 (Kundan Lal) had gone to C-183, New Moti Nagar in order to find out about the mare which had to be arranged for his brother Gulshan "s marriage to be held on 29.11.1985. There, he met PW-2 (Narain Dass) and discussed about the mare and the petromax which was also to be arranged. He further stated that while he was talking with Narain Dass, the appellant Rajiv @ Bawa came out of his house and started abusing Staya Pal. He stated that Satya Pal had given him time to meet the ghori wala and he had arrived. While abusing, the appellant Rajiv is said to have gone inside his house C-187, New Moti Nagar and from there he brought a pointed iron object and injured Satya Pal by attacking him and giving blows on his chest and abdomen. Satya Pal started bleeding. As per Exhibit-PW-1/A, the said incident was witnessed by him [PW-1 (Kundan Lal)], PW-2 (Narain Dass) and other public persons who were standing nearby. They tried to apprehend the appellant but he, while showing the pointed object in his hand and giving threats, ran away. Due to fear, he was not chased by them. In the meantime, PW-5 (Gulshan Kumar) also arrived. It is further stated that they took Satya Pal to Vohra Nursing Home, Rajouri Garden but, as no doctor was available there, they took him to Rana Nursing Home. There, the doctor examined him and treated him, but Satya Pal died at 9.51 a.m. The doctor at Rana Nursing Home informed the police. As per Exhibit-PW-1/A, PW-1 (Kundan Lal) claimed that his brother Satya Pal had been killed deliberately by the appellant and sought that legal action be taken against him.