Decided on May 17,2007

STATE OF N.C.T. OF DELHI Respondents


Aruna Suresh, J. - (1.) In the present Appeal appellant (accused) Rakesh Kumar @ Mukri has assailed the judgment dated 3rd August, 2001 and order on sentence dated 8th August, 2001 whereby the learned Additional Sessions Judge, Delhi was pleased to hold him guilty of having committed an offence of murder punishable under Section 302 of Indian Penal Code (hereinafter referred as IPC) and sentenced to undergo imprisonment for life and to pay a fine of Rs.1,000/- and in default of fine to further undergo rigorous imprisonment for three months.
(2.) The story of the prosecution in nutshell is that on 15th August, 1998 on the occasion of Janmashtami Constable Anant Ram (PW14) and Constable Jitender (PW8) were posted on duty at Shiv Mandir, Basti Julhan, Gali Paharwali, Sadar Bazar, Delhi. At about 6.00/6.15 P.M. on information from some children that one person had been stabbed, Constable Anant Ram (PW14) went to the spot in front of house No.1913, Basti Julhan, and found Bale Ram lying on the road. On seeing accused Rakesh Kumar @ Mukri, Bad Character (hereinafter referred as 'BC') of the area running away, he chased Rakesh Kumar @ Mukri but could not succeed in apprehending him. Constable Anant Ram came back to the spot and saw blood oozing out of the chest of the injured. On inquiry from the injured he came to know that appellant Rakesh Kumar @ Mukri had stabbed Bale Ram @ Mota. The injured was removed to Hindu Rao Hospital in a three wheeler scooter but was declared brought dead by the doctor who examined him. On the basis of statement of Constable Anant Ram case under Section 302 IPC was registered against the appellant Rakesh Kumar @ Mukri. He was charge-sheeted under Section 302 IPC after completion of the investigation.
(3.) On the basis of prima facie evidence available on the record and after hearing learned counsel for the State as well as appellant, learned trial court was pleased to frame the following charge against the appellant Rakesh @ Mukri on 02.02.1999:- CHARGE I, Brajesh Kumar, Addl. Sessions Judge, Delhi hereby charge you Rakesh Kumar @ Mukri son of Ram Kishan as under:- That on 15.08.98 at about 6/6.15 P.M. at Gali near house No.1913, Basti Julahan, Sadar Bazar, within the jurisdiction of P.S. Sadar Bazar, you have committed murder by causing the death of Bala Ram @ Mota by a sharp edged weapon and thereby committed an offence punishable under section 302 IPC and within my cognizance; And I hereby direct that you be tried by this Court for the said offence. ASJ 2.2.99 The Appellant pleaded not guilty and claimed trial.;

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