ASHOK KUMAR Vs. STATE

JUDGEMENT

(1.) -In this appeal Ashok Kumar @ Cheena appellant was convicted by Shri Mahesh Chandra, Additional Sessions Judge, Delhi on 14-5-1976 under section 302 of the Indian Penal Code and was sentenced to imprisonment for life.

(2.) The prosecution case is that on 11-11-74 at about 6.30 P.M. Yamin (since deceased) was going to his house from the side of Bulbuli Khana, when Ashok Kumar @ Cheena met him. Ashok Kumar challenged him and remarked that he would not allow him to escape as he was able to do the other day. Thereafter he took out a knife from his pocket but seeing this, Yamin started running. The appellant hotly pursued him. While doing so he was brandishing his knife and was proclaiming that he would not spare him. When Yamin reached near the shop of Sindhi tea-vendor, he was overtaken there. Appellant then gave a knife blow in his abdomen. Yamin made another bid to escape but he was not allowed to do so. He was administered another knife below on his back. On its receipt Yamin fell on the ground. It is alleged that thereafter Abdul Salam, Abdul Rahim and Abdul Hamid rushed towards the injured. On seeing them the appellant ran away towards Prem Narain Road. These three persons then took the injured to lrwin Hospital in Kalu's ricksha. After reaching there they left the hospital to inform Yamin's relatives. In their absence Yamin was admitted there by Kalu ricksha puller.

(3.) Constable Gurmukh Singh was on duty in the hospital. H? informed Hauz Qazi Police Station on telephone about Yamin's admission. A report in this behalf was recorded in the Daily Diary and S.I. Om Prakash was deputed to proceed in the matter.