MANOJ ALIAS MANNU Vs. STATE OF DELHI

JUDGEMENT

(1.) This appeal by the accused/appellant is directed against the judgment and order both dated 13th August, 1998 of an Addl. Sessions Judge convicting him under Section 307, Indian Penal Code and sentencing to undergo R.I. for 5 years and pay a fine of Rs. 5,000.00 . In default of payment of fine, he was to further undergo R.I. for 1 year.

(2.) Case of the prosecution as born out from the charge sheet filed under Section 173, CT.P.C., in brief, is that on receipt of copy of DD No. 8 dated 1st March, 1996, HC Jaipal Singh Public Witness 4 alongwith Constable Vijender Kumar Public Witness 8 reached Gali No. 10, Prem Vihar, Shiv Vihar and there he came to know that the injured had been taken in a PCR van to G.T.B. Hospital. Public Witness 4 went to that Hospital and collected MLC, Ex. Public Witness 1O/A and recorded the statement. Ex. Public Witness I/A of Vinod Kumar, injured (Public Witness 1) to the effect that on that date around 11.00 a.m. accused Manoj @ Mannu came to his house and asked his mother to send him outside as he wanted to have some talks with him as told to him by his mother. He came out of the house in the Gali. Accused enquired from him why his friend abused him yesterday at Shiv Vihar Pulia and why did he not stop him from abusing inspite of the fact that he was present there. Thereupon, he told the accused that he would make his friend understand. However, the accused started hurling abuses on him and when he opposed, he in a fit of anger took out a knife from his pocket and assaulted him in the abdomen, chest and the right thigh saying that he would kill him. He raised the alarm of 'bachao bachao'. In the meantime, his mother and a neighbour reached there. Accused ran away from the spot. He was taken in a police van to G.T.B. Hospital. After making endorsement Ex. Public Witness 4/A, on statement Ex. PW 1/A, the same was sent by Public Witness 4 to the police station and on the basis thereof FIR (carbon copy Ex. Public Witness 11/A) was registered under Section 307, IPC. Investigation was handed over to SI Jagdish Prasad, Public Witness 5. During investigation, Public Witness 5 recorded the statements of the PWs, prepared the site plan. Ex. Public Witness 5/A and arrested the accused on 2nd June, 1996. Pursuant to the disclosure statement Ex. Public Witness 5/B, the accused got recovered dagger Ex. P 1 and the same was taken into possession vide memo. Ex. Public Witness 5/C by PW 5. Vinod Kumar, Public Witness 1 was opined to have suffered grievous injuries. After recovery of dagger. Section 27, Arms Act was added. Accused had thus committed the offences under Sections 307, Indian Penal Code and 27, Arms Act.

(3.) To bring home the charges framed under Sections 307, Indian Penal Code and 27, Arms Act against the accused/appellant, the prosecution examined 11 PWs in all.