LALIT ALIAS LUCKY Vs. STATE

JUDGEMENT

(1.) Present appeal has been filed by the appellant-convict challenging the judgment dated 10th October, 2018 and the order 12th October, 2018 passed by the Additional Sessions Judge/Pilot Court, North District, Rohini Courts, Delhi in Sessions Case No. 715/2017 arising out of FIR No.405/2017 under Sections 302/201 IPC registered with Police Station Shahbad Dairy, whereas the charge was framed under Section 302 IPC only. The appellant-convict had been convicted under Section 302 IPC and sentenced to undergo rigorous imprisonment for life with fine of Rs. 20,000/- and to further undergo simple imprisonment for one year in case of default.

(2.) The case of prosecution in brief is that on 21st July, 2017, Manorama Devi (PW-1) was present at the reheri of her husband-Umesh @ Umesh Singh (deceased) to help him. At about 9:15 p.m., her husband decided to go to Shahbad Dairy on his bicycle to purchase raw chowmein. When Umesh @ Umesh Singh had gone some distance, appellant-convict came on his motorcycle bearing registration No.DL 7S BW 5166 at a high speed and her husband barely escaped being hit. Umesh @ Umesh Singh is stated to have asked the appellant-convict to drive carefully, on which he got infuriated and started abusing Umesh @ Umesh Singh. When Umesh @ Umesh Singh objected to the same, appellant-convict said, "mere gaon main basey ho aur mujhe he aankey dikhate ho, tujhe to mein dekh lunga" and went away saying that he would teach him a lesson. Thereafter, Umesh @ Umesh Singh proceeded to purchase raw chowmein.

(3.) At about 9:35 p.m. a call was received from appellant-convict's phone bearing No.7289039189 on the phone of Umesh @ Umesh Singh, which was left at his reheri. The call was attended by Manorama Devi (PW-1) and appellant-convict asked her to hand over the phone to Umesh @ Umesh Singh. She told appellant-convict that Umesh @ Umesh Singh had gone for some work, on which he again used abusive language and said, "main usko aaj jan se mar dunga". She tried to pacify the appellant-convict, but he disconnected the phone after extending a threat. At about 10:00 p.m. when her husband Umesh @ Umesh Singh returned with raw chowmein, she told him about the threat extended by the appellant-convict. They wound up the reheri and started going towards their house on foot. At about 10:15 p.m., while going towards their house, they saw the appellant-convict. According to the prosecution appellant-convict immediately caught hold of Umesh @ Umesh Singh by the neck and while saying "tu dhamki ka anjam dekh le", he took out a knife from his pant and stabbed Umesh @ Umesh Singh in his chest. The incident was also witnessed by Jitender (PW-19), nephew of deceased. Umesh @ Umesh Singh was taken to hospital by PCR van where he was declared dead.