SURINDER KUMAR Vs. THE STATE (GOVT. OF DELHI)

JUDGEMENT

(1.) THE appellant, having been convicted in Sessions Case No. 92/94 FIR No. 90/93 for the offences punishable under Section 302 IPC and Section 27 of the Arms Act and sentenced to undergo imprisonment for life for the offence under Section 302 IPC and to pay fine of Rs. 1000/ -, in default of payment of fine to undergo SI for a period of one year and for offence under Section 27 of the Arms Act to undergo RI for the period of three years with fine of Rs. 500/ -, in default of payment of fine to undergo SI for three months, has preferred the instant appeal.

(2.) BRIEFLY stated, case of the prosecution is that on 07.04.1993 at about 3:52 PM, wireless operator visited the Police Station Sadar, Delhi and informed the Duty Officer that Head Constable Mohd. Jamil No. 92/N has informed that a knife stabbing incident had taken place at Nawab Road after some exchange of hot words. Information was recorded as DD No. 12A and copy of the DD was sent to SI Ram Khilari, through Constable Dharamvir Singh for necessary action. 3. SI Ram Khilari, PW15 along with Constable Dharamvir Singh reached at Nawab Road. He met PW6 Om Parkash S/o Jai Ram and recorded his statement. PW6, Om Parkash stated to the Investigating Officer that at the relevant time, he was sitting on a cot on the pavement of Nawab Road along with Chain Sukh S/o Chaman Lal and some other persons. At about 3:30 PM, he saw appellant Surinder Kumar @ Bittoo and the deceased Hari Singh @ Kallu quarrelling with each other. Appellant Surinder, in the process, stabbed Hari Singh @ Kallu with a knife and thereafter ran away after leaving the knife at the spot. In the meantime, Lakhpat, brother of the appellant Surinder, picked up the knife from the spot and ran away. Hari Singh @ Kallu was taken to the hospital in a three -wheeler scooter. On the basis of his aforesaid statement Ex.PW6/A, formal FIR under Sections 307/201 IPC was registered and the investigation was handed over to SI Ram Khilari.

(3.) A triangular abrasion 0.5 cms. X 0.3 Cms. on the right side of front of chest 6 cms. medial to right nipple.