BALWAN Vs. STATE

JUDGEMENT

(1.) This appeal of Balwan s/o Parse r/o village Khera Khurd is directed against his conviction under S. 302 Indian Penal Code and the sentence of imprisonment for life and a fine ofRs.50.00 and in default of payment of fine further rigorous imprisonment for one month vide judgment and order dated 11.9.1986 by Sh. V.S. Aggarwal, Addl. Sessions Judge, Delhi. The allegations against the appellant had been that on 4.4.1984 he committed murder by intentionally causing the death of Ram Chander.

(2.) Ms. Neelam Grover has appeed for the appellant while Ms. Usha Kumar has appeared for the State. It has been submitted by Ms. Grover that there has been interpolation in the FIR inasmuch as a line was added towards the end of the statement of Karamvir in which one Ram Chander s/o Sibba r/o village Khera Khurd has been introduced as an eye witness. She has further submitted that the natural witnesses who could have been available at the place of occurrence have intentionally not been examined by the prosecution and aforesaid Ram Chander is a chance witness. She has also submitted that the investigation has not been fair and in fact was tainted inasmuch as the Investigation Officer had made interpolation in the application sent for post-mortem examination. She has also submitted that the appellant was, in fact, present on his duty at village Dubal Dham where he was working as a Chowkidar in the Forest Department and so could not possibly have committed this offence. A prayer has, therefore been made for his acquittal.

(3.) The learned counsel for the State has, on the other hand, sabmitted that the appellant has not been able to lead any evidence to prove his plea of alibi and the prosecution story stands fully proved from the testimony of Karamvir and Ram Chander eye witnesses. She has further submitted that the testimony of the eye witnesses finds corroboration from the Pharsa. the weapon of offence found near the place incident and Dr. L.T. Ramani has made a categorical statement that the injuries found on the dead body of Ram Chander @ Rame (deceased) could be caused by this weapon. She has further submitted that blood was found on the clothes of the accused which he was wearing at the time of his arrest which also is a corroborative piece of evidence. In this way, the submission of the learned counsel for the State was that trial court has correctly found appellant guilty.