VIKAS PURI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant Vikas Puri has been convicted under Section 302 of the Indian Penal Code and sentenced to rigorous imprisonment for life and to pay a fine of Rs. 5,000/- and in default thereof to further undergo rigorous imprisonment for one year vide judgment recorded by the Sessions Judge, Ambala dated 31st of October, 1992.

(2.) The First Information Report with regard to murder of Atul Sablok came to be recorded by Labh Singh A.S.I. Police Station, Ambala City on the statement Ex. PD made by PW-3 Anurag Sablok, real brother of the deceased, at 9.40 p.m. on 15th of August, 1991. The first information stated that he was resident of Khatterwara, Ambala City and was studying in the I.T.I. Ambala City. On 15th of August, 1991 at about 6.00 p.m. he along with his brother Atul Sablok alias Goldie, who was about two years younger to him, was viewing a movie on V.C.R. at their house. His brother Atul and he went out to urinate in the lane known as Bhiri Gali, (a narrow lane). A young boy named Vikas Puri son of Rajinder Kumari Puri, resident of House No. 6996/4, Mohalla Kalal Majri, Ambala City came from the front side saying that he would teach a lesson to his brother for abusing him the previous day. He gave a blow with knife he was holding in his hand in the chest of his brother Atul in the left side. In the meantime, Kamal Kant son of Nathi Ram, resident of House No. 4031/2 and Virender Kumar son of Madan Gopal Sharma, resident of House No. 3887/2, Khatterwara. Ambala City also came in the street. They also witnessed Vikas Puri Striking his brother Atul with a knife and they ran to catch him but Vikas Puri succeeded in running away along with his knife. He, with the help of Kama1 Kant and Virender Kumar took his brother Atul to Civil Hospital, Ambala City, where the doctor referred his brother Atul to P.G.I. As the condition of his brother Atul was very serious, he got him admitted in the MissionHospital, Ambala City. In spite of the best efforts made by the doctors Atul succumbed to his injury. He was going to Police Station to lodge a report when ASI Labh Singh met him to whom he made a statement which was duly recorded. From the narration of facts, thus, it is clear that the occurrence leading to the death of Atul Sablok took place at 6.00 p.m. on 15th of August, 1991 at Khatterwara Ambala City which is stated to be at a distance of one kilometer from the police station. The First Information Report with regard to the above incident came into being at 9.40 p.m. on the same day which as referred to above was recorded by A.S.I. Labh Singh on the statement of Anurag Sablok PW-3 brother of Atul Sablok. The Special Report reached the Chief Judicial Magistrate, Ambala at 2.40 a.m. on the intervening night of 15th/16th of August, 1991.

(3.) With a view to bring home the offence against appellant Vikas Puri, the prosecution examined 3 doctors namely Dr. R. S. Takkar, Medical Officer, Civil Hospital Ambala City PW-1; Dr. N. K. Bedi, Senior Medical Officer, Civil Hospital, Ambala City PW-5 and Dr. K. G. Gupta, Mission Hospital Ambala City PW-6. Dr. R. S. Takkar PW-1 stated that on 15th of August, 1991, he had examined Atul, son of P.S. Sablok aged 22 years and found the following injury on his person :-