SAHIB SINGH Vs. STATE

JUDGEMENT

(1.) THE appellant and deceased Mukesh both belong to the same Village of khera Khurd, Delhi.

(2.) IT is the case of the prosecution that the appellant was a member of a band group and used to play band at marriages. On 27. 07. 1988 at 8 PM a quarrel broke out between the appellant and the deceased Mukesh and the appellant is alleged to have given three knife blows to the deceased whereafter he ran away. Anil Kumar/pw7, brother of the deceased, is the eye witness and the complainant in the present case. The deceased was rushed to St. Stephen Hospital where he was declared as brought dead. FIR no. 124/1988 was registered at PS Narela on the basis of the complaint of Anil kumar/pw7 and the matter was investigated. Challan was filed and the charges were framed against the appellant under Section 302/34 of IPC. The appellant pleaded innocence and claimed trial. In terms of the impugned judgment dated 29. 11. 1996, the learned ASJ held the appellant guilty for the offence punishable under Section 302 of IPC and in terms of the order on sentence dated 30. 11. 1996, convicted the appellant to undergo imprisonment for life and to pay a fine of Rs. 300/- and in default of payment of fine to further undergo RI for one month.

(3.) THE appellant aggrieved by the judgment and order on sentence preferred the present appeal.