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Crl. A. 1583/2013

Decided On: 23.12.2017

Appellants: Mukesh Vs. Respondent: State

Hon'ble Judges/Coram:
Pratibha Rani and Rekha Palli


Rekha Palli, J.

1. The Appellant-Mukesh @ Mukku has impugned the judgment dated 03.02.2012 and the order on sentence dated 08.02.2012 passed by learned Additional Sessions Judge, Tis Hazari Courts, Delhi in Sessions Case No. 71/2010 whereby he has been convicted for committing the offence punishable under Section 302 IPC and sentenced to undergo Life Imprisonment with a fine of Rs. 1 Lac and, in default of payment of fine, to further undergo Simple Imprisonment for one year.

2. According to the prosecution case, on the night of 01.07.2010 at 1/4649-121B, New Modern Shahdara, the Appellant stabbed the deceased-Sanjeet with a knife, on the left side of his chest and intentionally caused his death. Pursuant to a PCR Call, DD No. 2, regarding the incident, was recorded at PP Railway Shahdara, Police Station Railway Station Delhi Main at 12.55 a.m. on 02.07.2010, to the effect that an incident of stabbing had occurred at 1/4649-121B, New Modern Shahdara whereupon PW-13 SI Suresh along with HC Mahipal Singh reached the spot and found that the injured had been taken to GTB Hospital. When the SI reached GTB Hospital, he found that the deceased-Sanjeet had been declared 'brought dead'. Upon further investigation at the place of incident, SI Suresh met PW-1-Mukesh, who claimed to be the eye-witness of the whole incident. After his statement was recorded, a Rukka was sent by SI Suresh to the Police Station through HC Mahipal Singh based on which FIR No. 88/2010 was registered under Section 302 IPC.

3. Then further investigation of the case was taken over by PW-18 Inspector Anand Singh, who after collection of evidence from the place of incident, conducted the inquest proceedings and made a request for carrying out post-mortem. As per the post-mortem report Ex. PW 19/A, an incised stab wound measuring 4.3 cm x 0.2 cm was found obliquely placed over left lower chest of the deceased. The report opined that the cause of death was a hemorrhagic shock as a result of ante mortem injury to the heart produced by a sharp-edged weapon. It was further opined that the incised stab wound, was sufficient to cause death in the ordinary course of nature. On 06.08.2010, the Appellant was arrested in FIR No. 193/2010 registered under Section 25 of Arms Act at PS Karawal Nagar. Upon receipt of information regarding his arrest, the Appellant was formally arrested in the present case on 09.08.2010 after seeking permission from the Court when he appeared in pursuance to the production warrant. Thereafter, the Appellant's disclosure statement was recorded and at his instance, the weapon of offence i.e. knife was recovered from a spot around 40-50 yards away from the place of incident. After conclusion of the investigation, a charge-sheet under Section 302 IPC was filed and the Appellant was sent to face trial. He pleaded not guilty to the charge framed for committing the offence punishable under Section 302 IPC.

4. In support of its case, the prosecution examined 19 witnesses. The Appellant claimed to be innocent and did not opt to lead evidence in his defence.

5. PW-1-Umesh, who claimed to be an eye-witness to the whole incident, stated that, on 01.07.2010 at about 10:15 pm, while he was sitting outside his house near the railway line, he saw the deceased and Appellant talking to each other just next to the railway line. He stated that he had gone to urinate and while he was standing at some distance from them, he heard the Appellant asking the deceased to return the money. However, since the deceased Sanjeet expressed ........