SANTOSH CHANDER RAJPUT Vs. STATE

JUDGEMENT

(1.) VIDE judgment and order dated 23.4.2003, the appellant has been convicted for the offence under Section 302 IPC. He has been awarded a sentence of life imprisonment and fine of Rs. 10,000/ -, in default to undergo simple imprisonment for three months.

(2.) IT has been held that in view of the testimony of Kailash Kumar PW -10, the testimony of Const. Vinod PW -4, and the testimony of Rishi Kumar PW -14, it stands established that the appellant had with an intention to cause death, stabbed the deceased in the abdomen inflicting an injury which has resulted in the death of the deceased.

(3.) ADMITTEDLY , vide DD Entry No. 21 -A the duty officer at P.S. Badarpur noted at 11:15 P.M. on 19.4.2000 that a wireless message had been received informing that a person has been stabbed near Badarpur School, STD Booth. SI Anil Malik PW -16, accompanied by Const. Jitender reached the spot and learnt that the person who was stabbed was removed in a PCR Van to the hospital. HC Vinod Kumar PW -4, on duty on the PCR Van 'Egale -31' had also received an information on wireless at 11:15 P.M. that a person has been stabbed in front of Government School Badarpur near STD Booth. He took the van to the STD Booth and found a person clutching his stomach and in an injured condition. Kailash PW -10 was also at the STD Booth. He rushed the injured accompanied by Kailash to All India Institute of Medical Sciences and on the way, on making enquiry from the injured, was told by the injured that his name was Kalu Ram and that the appellant, a labourer employed at the school had stabbed him.