OM PRAKASH Vs. STATE

JUDGEMENT

(1.) THE appellant has been convicted on the testimony of the solitary eye-witness, Ms. Babita Kumari PW-1, who stated as under:-

(2.) LEARNED counsel for the appellant, very fairly concedes that Ms. Babita, aged 14 years when she deposed and aged 13 years when her mother was stabbed on 8. 10. 1996, has withstood the test of cross-examination. We may only note that the FIR has been registered on the basis of the statement Ex. PW-1/a of Babita. The endorsement Ex. PW-13/a shows that the rukka was dispatched at 2:00 AM on 9. 10. 1996 i. e. the night of 8th and 9th October 1996. The incident in which babitas mother was stabbed took place at 9:00 PM on 8. 10. 1996. So soon after the incident has Babita disclosed the facts to the investigating officer that the possibility of Babita being tutored is ruled out. We further note that the testimony of Babita is in conformity with her statement Ex. PW-1/a.

(3.) THE only question which needs our attention is whether the offence made out is that of murder punishable under Section 302 IPC or the offence is homicide simplicitor punishable under Section 304 IPC. If yes, whether Part-I or Part-II of Section 304 IPC is attracted.