KUCKO ALIAS PRAVIN KUMAR Vs. STATE

JUDGEMENT

(1.) SAROJ Bala, J. The judgment and order dated September 21, 1982 passed by the Sessions Judge, Muzaffarnagar in S. T. No. 283 of 1980 whereby con victing the appellant for the offence under sections 302, 323 and 324 I. P. C. and sen tencing him to rigorous imprisonment for life under section 302 I. P. C. , rigorous im prisonment for three months under section 323 and rigorous imprisonment for one year under section 324 I. P. C. is under chal lenge in this appeal.

(2.) THE relevant facts are these: On May 20, 1978 at about 7 A. M. the accused-appellant came at the shop of Vijai Kumar Singh alias Vijai Pal (victim) and his brothers Bhopal (P. W. 3) and Shukpal (P. W. 4) situated in Mohalla Gajawali Muzafarnagar and ordered for a cup of tea. THE victim refused to supply tea unless the amount of Rs. 7. 25 outstanding for the previous purchase of tea was paid. At this the accused-appellant took out knife from his pocket and gave knife blow to Vijai Kumar. Bhopal (P. W. 3) and Kali Ram (P. W. 6) were subjected to assault by wielding of knife by accused-appellant when they tried to intervene and intercept him, Sukhpal (P. W. 4) got scribed the writ ten report of the incident by Ram Chandra (P. W. 10) and laid it P. S. Kotwali at 8. 05 A. M. on 20. 5. 1978. On the basis of written report chick F. I. R. (Ext. Ka-10) was pre pared by Shyam Raj Singh (P. W. 7) and crime was registered in G. D. (Ext. Ka 11) under section 324 I. P. C. After the death of victim crime was altered to section 304 I. P. C. THE victim Vijai Pal, then alive was rushed to the district hospital Muzafarnagar and was medically examined at 7. 25 A. M. on 20. 5. 1978 by Dr. Sant Saran Khanna (P. W. 11) and following injuries were found on his body as per injury report (Ext. Ka 16): 1. Stab incised wound on the left side chest in mid-maxillary line 3. 5" x 1" x cavity deep, omen rum was coming, tailing downward and medially, bleeding present 4" away to the umbilicus from 12. 0 O'clock to 3. 0 O'clock. 2. Incised wound 2" x 1. 5" x muscle in the back of left upper arm lower third, tailing medially down.

(3.) THE witness Bhopal (P. W. 3) cate gorically stated that the accused-appellant came at the tea shop at 7 A. M. and asked his brother Vijai Pal to prepare tea for him. Vijai Pal demanded the outstanding pay ment of Rs. 7. 00 for the tea supplied earlier and refused to supply tea unless the pay ment was made. At this the accused-appellant got infuriated. He took out the knife and gave knife blow to Vijai Pal. THE accused-appellant subjected him to assault with knife when he tried to intervene. He deposed that accused-appellant also sus tained injuries in the scuffle. He denied the suggestion that Vijai Pal started the quarrel and caused knife injury to the accused-appellant.