RAVINDER KUMAR Vs. STATE

JUDGEMENT

(1.) Ravinder Kumar alias Ravi has been convicted under section 302, Indian Penal Code, by an Additional Sessions Judge, New Delhi, for having committed the murder of one Farasat Ali Khan. Ravi now appeals against his conviction and sentence.

(2.) Ravi and Farasat Ali Khan were friends. They were living in the same street. On May 26, 1975 at 6.30 P.M. or so they quarreled before the shop of one Imami, vegetable-seller near Tiraha Mandir, Bharat Nagar, New Delhi. The dispute, related to some money matter. Ravi was demanding money from Farasat Ali Khan who was asserting that he had returned the money to the person from whom he had borrowed. Exchange of hot words and abuses resulted. Ravi suddenly took out a chhura (Exihibit P1) from his Dhaba and thurst it in the abdomen of Farasat Ali. The latter fell down in a pool of blood and Ravi ran away. The injured was immediately removedto the nearby Holy Family Hospital where he was declared dead. John Jacob (PW5), a clerk of Hospital, rang up Police Stn. Okhla at 7.30 P.M. and informed them that an injured person was brought to the hospital who had been declared dead. A copy of this report was sent to Sub-Inspector Om Prakash. The Sub- Inspector was investigating a case in village Masihgarh where he received the report. He directed a constable to go to the place of incident while he himself went to the hospital. He found Rabat Ali Khan, brother of the deceased present there and recorded his statement (Exhibit PW10/A). It was sent to the police- station for registration of a case. Later on the Sub-Inspector went to the place of occurrence where he took into possession bloodstained earth etc. and recorded the statements of witnesses- He searched for the appellant but could not trace him.

(3.) Next day, Sub-Inspector Om Prakash prepared an inquest report (Exhibit PW10/D) and sent the dead-body for post-mortem examination. Dr. Bharat Singh, Police Surgeon, conducted the post mortem examination. He found one injury. It was an 'incised stab wound over the epigastric area placed obliquely. Size of the wound was l.3/4" x3/4 " ?. Margins of the would were regular and angles were tapering. Wound was covered by blood. Omentum was protruding the opening of the wound". On opening the abdomen he found that the injury had entered the abdomen and had cut the stomach on the anterior surface and had come out on its posterior surface finally cutting the pancreas. Total depth of the injury was 4". In the opinion of the doctor the injury was sufficient in the ordinary course of nature to cause death. He was also of the opinion that the injury was possible by chhura (Exhibit P1).