MADAN LAL Vs. STATE OF GOVT OF NCT

JUDGEMENT

(1.) BRIEFLY stated the case of the prosecution is that on 14. 8. 1989, the complainant Ajit kumar was going to the bus stop to see of his cousin Vijay Kumar (deceased) and on the way met the appellant on Pahargang bridge near Milk Booth at about 9. 30 p. m. The appellant on seeing them started abusing them and asked the complainant as to why he had stopped him from coming to his street to tease girls. The appellant thereafter is stated to have abused him as to who was he to object to it. The complainant told him to close the chapter but the appellant continued to abuse the appellant and thereafter Vijay Kumar slapped the appellant. The appellant took out a knife and stabbed vijay Kumar twice and on the complainant intervening also stabbed him. The stab injuries of Vijay Kumar resulted in his death.

(2.) THE appellant was charged for the offences punishable under Sec, 302 and 307, IPC. The learned Trial Court as per the impugned judgement dated 22. 09. 1994 has held the appellant guilty of both the offences and as per order of sentence dated 26. 09. 1994 sentenced the appellant to undergo imprisonment for life for the offence under sec. 302, IPC and five years rigorous imprisonment for the offence under Sec. 307, ipc. Both the sentences were to run concurrently.

(3.) LEARNED counsel for the appellant has confined his submissions to the offence being punishable under Sec. 304 Part II, IPC and not under Sec. 302 IPC. Learned counsel for the appellant did not seek to assail the conviction for the offence under Sec. 307, ipc as the appellant had already served the duration of sentence imposed upon him by the Trial Court.