ASHOK KUMAR Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgementof Mr. P. K. Bahri, Additional Sessions Judge, Delhi, convicting the appellant under section 302, Indian Penal Code, and sentencing him to imprisonment for life. As the appellant was not represented by any counsel of his choice, Mr. D. C. Mathur was appointed Amicus Curiae.

(2.) We must record our thanks for the assistance given by him. The prosecution case, ib brief, is this Hari Om was one of the partners of Payal Biscuit Factory. The factory is run at premises No. 35/6-C, Lawrence Road, Delhi. Hari Om had his residence on the first- floor of the factory. The appellant was working off and on in the factory. He stopped working from August 4, 1975 onwards. August 10, 1975 was a holiday. However, some workers had been asked to work on that day. At about 10.30 A.M. Hari Om was sitting on a chair near the gate of the factory. He was wearing only pyjama. The appellant came there and claimed some dues from Hari Om but the latter told him that nothing was due to him. There was an exchange of hot words between the two. Suddenly the appellant took out a knife and stabbed Hari 0m in the abdomen and ran away. He was chased by Hari Om as well as by some employees of the factory. Within a short distance the appellant was apprehended and brought back. Mool Chand, a relation of Hari 0m, took Hari Om to the Willingdon Hospital. At about 12-30 P.M. Hari Om was examined by Casualty Medical Officer, Dr. M. Sarkar, who referred the injured to the Surgical Department for further treatment. The constable on duty at the Willingdon Hospital reported the admission of Hari Om to Police Station Punjabi Bagh which in tuft rang up Police Post Shanti Nagar. This Police Post came to the conclusion that the crime had not been committed in their jurisdiction and informed the Police Station accordingly. At 2.45 P.M. Police Station Punjabi Bagh rang up Police Post Shakurbasti. A.S.I. Kanwal Singh was deputed to enquire into the matter. He went to the hospital to record the statement of the injured. But the doctor declared the injured unfit for making a statement. The Assistant Sub Inspector, therefore came to the place of incident. He recorded the statement (Exhibit P.A.) of Ashok Kumar, Public Witness I, and sent the same for registration of a case. The appellant was arrested and knite Exhibit PI was taken into possession.

(3.) On August 13, 1975, the injured was declared fit for making a statement. A.S.I. Kanwal Singh recorded the statement of Hari Om in the hospital. It is Exhibit PZ/4. Hari 0m, in spite of the medical help, died on August 20, 1975 at 10 P.M. Sub-Inspector Ram Chand Singh held inquest and prepared report Exhibit P.H. The dead body was sent for post-mortem examination alungwith the inquest papers.