HEMANT KUMAR Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment of Mr. Mahesh Chandra, Additional Sessions Judge, convicting the appellant under section 302, Indian Penal Code, and under section 25 of the Arms Act, and sentencing him to imprisonment for life under the first count and to rigorous imprisonment for two years under the second count. Both the sentences have been directed to run concurrently.

(2.) The prosecution case, in brief, is that on July 10 1974 at about 8.30. P. M. Rajinder Kumar (since deceased) was talking to Ram Nath near the shop of Sohan Lal halwai at Sarai Phoos, Subzi Mandi, Delhi. They were talking about the film "Gupt Gyan". The appellant (Hemant Kumar alias Bauna) was also present near the halwai's shop. Rajinder Kumar reprimanded the appellant for teasing the girls of the locality and indulging in goodaism. The appellant retorted by saying that who was he (Rajinder Kumar) to object. Simultaneously the appellant took out a dagger from his tehmat and attacked Rajinder Kumar. Rajinder Kumar tried to ward off the knife blows with his hands and sustained injuries thereon. However, the appellant succeeded in giving knife blows on the chest and abdomen of Rajinder Kumar. On receiving these injuries Rajinder Kumar fell down. One more knife blow was given by the appellant on his back. Thereafter the appellant ran away brandishing his knife. Ram Nath stopped a scooter-rickshaw, put the injured in the rickshaw and took him to Hindu Rao Hospital. At the hospital the injured was examined by Dr, J.K. Jain (PW 10) at 9.05 P.M. He found the injured gasping. He did not find any pulse. Blood pressure was not recordable. Heart sounds were expired at 9.15 P. M.

(3.) Dhan Singh (Public Witness 21). who was on duty in the casualty ward of the hospital, telephoned the police-station. The information was recorded by Assistant Sub-Inspector Tara Chand of Police Station Subzi Mandi. He informed police-post at Tis Hazari about the incident. He also sent a copy of the report to the senior officers. Sub-Inspector Rajindsr Singh of Police Station Subzi Mandi on receiving the information went to the hospital for registration of the case. Inquest report Exhibit Public Witness PWI/B was prepared. He took into possession the out-patient card Exhibit Public Witness Public Witness 10/A from the hospital authorities and sent the dead body to the mortuary to await post-mortem examination. The Sub-inspector came to the place of occurrence and lifted bloodstained earth. Blood and a chappal lying there. Rough site plan was also prepared by him.