KISHAN LAL Vs. STATE

JUDGEMENT

(1.) CHARGED with the offence of having trespassed into flat No. X-41/c DDA colony, New Ranjit Nagar after making preparations for causing hurt to the deceased Tilak Raj, and for the offence of having murdered Tilak Raj, the appellant stands convicted vide judgment and order dated 22. 11. 2002.

(2.) FOR the offence punishable under Section 452 IPC, the appellant has been sentenced to undergo RI for three years and pay a fine in sum of Rs. 300/ -. In default of payment of fine he has been sentenced to undergo further imprisonment for 20 days. For the offence of murder the appellant has been sentenced to undergo imprisonment for life and pay a fine in sum of Rs. 500; in default of payment of fine to undergo further imprisonment for one month.

(3.) TO sustain the conviction against the appellant, the learned Trial Judge has held that the testimony of Budho Devi PW-1, the mother of the deceased and puran PW-2, the brother of the deceased, as also the testimony of a public witness; namely, Hari Singh PW-8, inspires confidence and establishes that with the intention of killing the deceased the appellant entered flat No. X-41/c where the deceased resided with his mother and his brother; the appellant was armed with an iron pipe Ex. P-1 and a knife Ex. P-3. Both were used as weapon of offence. A blow was inflicted on the head of the deceased with the iron pipe and two stab wounds were inflicted in the chest with the knife. The injuries caused with the knife cut through the fourth inter-costal space, piercing the left lung at two places, as a result the left lung collapsed triggering the death due to haemorrhagic shock. That the appellant was apprehended at the spot while fleeing and was beaten by the public.