R. S. SODHI, J. ( 1 ) CRIMINAL Appeal No. 39/2000 seeks to challenge the judgment/order of the Additional sessions Judge, Delhi in Sessions Case No. 462/ 96 where the learned Judge vide judgment/ order dated 29. 11. 1999 has held the appellant guilty under Section 302 IPC and further by his order dated 30. 11. 1999 sentence the appellant Naushad Ali to undergo imprisonment for life and pay a fine of rs. 5,000/- and in default of fine further RI for four months. ( 2 ) THE brief facts of the case as noted by the learned Addl. Sessions Judge in his judgment are:- "2. Briefly stated, the case of the prosecution is that on 10. 6. 91 at about 6. 45 PM, an information was received at the Police Station from the PCR that a person had been stabbed with knife in A-Block marked in front of shop no 61 and this information was recorded as dd No. 22a at the Police Station. Inspector, Chander Has, the then SHO, ps Jahangir Puri on getting the copy of dd No. 22-A reached the spot alongwith other members of the staff. There, he came to know that the injured had already been removed to the hospital by the PCR van. He reached Hindu Rao hospital after leaving some police officials at the spot. There, he had learnt that the injured had been taken to LNJPN hospital due to the strike of the doctors at Hindu Rao Hospital. Inspector chander Has reached the LNJPN Hospital in his official vehicle and there he had learnt that an unknown injured had been brought dead to the hospital. No eye witness was available to the SHO at the hospital. He then again went to the spot where Satinder Kumar, an eye witness of occurrence had met him and got recorded his statement to him which is Ex. P. W. S/a. " "3. In the said statement, Sh. Satinder kumar aged 32 years told the SHO Sh. Chander Has that he was residing at D- 90, Lord Krishna Road, Adarsh Nagar, delh. He has got a plot at Jahangirpuri, delhi also. Today, he and his neighbour minder Kumar @ Dabla son of Sh. Ram lubhaya Avasthi r/o D-86, Lord Krishna road, Adarsh Nagar, Delhi was going on his (Jatinder's) scooter 2 wheeler no. Chander Has that he was residing at D- 90, Lord Krishna Road, Adarsh Nagar, delh. He has got a plot at Jahangirpuri, delhi also. Today, he and his neighbour minder Kumar @ Dabla son of Sh. Ram lubhaya Avasthi r/o D-86, Lord Krishna road, Adarsh Nagar, Delhi was going on his (Jatinder's) scooter 2 wheeler no. DBZ-5686 to the house of his friend (Jatinder's friend) vide DE Block market. Atabout 6. 30 PM when they reached near Dinesh Chemist shop no. D-1215, he told Jatinder Kumar to stop the scooter as he had to purchase some medicine from the chemist shop. Accordingly, Jatinder Kumar stopped the scooter and he (Satinder Kumar) went to purchase the medicines. In the meantime, a boy aged 22/23 years of dark complexion, thin body and wearing a shirt of marooned colour came there and he had an altercation with jatinder Kumar on some previous issue. That boy went away with a warning that he would come again. " "4. After 3-4 minutes, that boy returned there and told Jatinder Kumar that he would see as to how he would go alive from there. He then took out a knife and inflicted 3-4 knife blows on Jatinder. One knife blow was given on his left thigh, second knife blow was given on the same leg below knee and the third knife blow was given on the left side of his chest. He made efforts to save jatinder from that boy and tried to catch hold of him. Jatinder Kumar ran towards the east in the market while that assailant boy ran towards the west side E-Block bus stand. He rant after him (assailant) while making a noise of "pakro Pakro" but he succeeded in running away from there. " "5. Sh. Satinder Kumar further told the police that this incident has been witnessed by the adjoining shop-keeper, dharam Pal son of Mool Chand, shop no. E-1181, Jahangir Puri, Delhi and dinesh son of Bhagwan Dass of shop no. D-1215, Jahangirpuri, Delhi Chemist and many other passers-by. Sh. Satinder kumar also told the police that Dharam pal had told the name of that boy as "naushad" son of Mohd. Yunus @ bambia, r/o E-1166-67, Jahangirpuri, delhi, who was also his neighbour and to whom he knew quite well from before. In the meantime, somebody informed the police at no. 100. Sh. Satinder kumar also told the police that Dharam pal had told the name of that boy as "naushad" son of Mohd. Yunus @ bambia, r/o E-1166-67, Jahangirpuri, delhi, who was also his neighbour and to whom he knew quite well from before. In the meantime, somebody informed the police at no. 100. When he returned after chasing that boy who had stabbed Jatinder and whose name has come to be known as "naushad", he had learnt that Jatinder Kumar had fallen down in the market after going ahead a few steps and the PCR van had taken him to the hospital. He then returned to the spot after informing at his house on his (Jatinder Kumar's) scooter. That boy named Naushad had stabbed Jatinder Kumar with knife with the intention to kill him and has killed him and so legal action be taken against him. " "6. On the above statement of Sh. Satinder Kumar, SHO inspector Chander has recorded his endorsement ex. P. W. 22/a and sent the Ruka through constable Sri Kishan to the Police Station for the registration of the case and on that basis, FIR, copy of which is ex. P. W. 22/b was recorded by the duty officer HC Kanwal Singh. " "7. Inspector Chander Has inspected the place of occurrence and lifted blood stained earth, blood sample earth control from both the places. e. near shop no. E-1181, where the deceased was stabbed and E-45, Chawla Market store, where the deceased had fallen down. These were sealed in separate parcels and sealed and taken into possession vide memo Ex. P. W. 9/c. The site plan Ex. P. W. 22/c was prepared. Search of the accused was made but he could not be arrested on the date of the incident. " "8. On 11. 6. 91, complainant Satinder kumar produced scooter no. DBZ-5686, 2-wheeler Chetak of the deceased and the same was taken into possession vide memo Ex. P. W. 9/d. SHO Inspector chander Has also conducted the inquest proceedings under Section 174 Cr. P. C. Post mortem on the dead body of the deceased was got conducted. The exhibits were sent to CFSL and CFSL report Ex. P. W. 22/h and J was received. Scaled site plan Ex. P. W. 12/a was got prepared from SI Manohar Lal. " "9. On 26. 6. 91, accused Naushad surrendered in the court. On 27. 6. P. C. Post mortem on the dead body of the deceased was got conducted. The exhibits were sent to CFSL and CFSL report Ex. P. W. 22/h and J was received. Scaled site plan Ex. P. W. 12/a was got prepared from SI Manohar Lal. " "9. On 26. 6. 91, accused Naushad surrendered in the court. On 27. 6. 91, inspector Chander Has appeared in the court and moved an application for arranging the TIP of accused Naushad.-The accused refused to participate in the TIP before the MM. Police custody remand for two days was obtained by the police and the accused was interrogated during which he made disclosure statement Ex,p. W. 18/b. The pant and shirt of the accused were taken into possession vide memo ex. P. W. 18/a after sealing the same with the seal of CH. On the pointing out of the accused, dagger Ex. P. 1 was recovered from the first floor of house no. EE-2034, belonging to Kali Charan. Inspector Chander Has prepared the sketch of dagger Ex. P. l and took the same into possession after sealing the same. Accused Naushad Ali also got recovered one Hockey Ex. P. 2 from his residential house no. E-1166, jahangirpuri and the same was also taken into possession vide recovery memo Ex. P. W. 18/e. Inspector Chander has also sent the recovered dagger to lnjpn hospital. MAMC for obtaining an opinion about the corresponding injuries suffered by the deceased. The doctor prepared the sketch of the knife which is Ex. P. W. 22/m and gave his opinion regarding the same. The recovered dagger was also sent to CFSL for opinion. Inspector Chander Has recorded the statements of the PWs and after completion of the investigation filed the challan in the court. " "10. Charge under Section 302 IPC was framed against the accused to which he pleaded not guilty and claimed to be tried. " ( 3 ) PROSECUTION in order to establish the case examined as many as 22 witnesses. Of these pws 4, 6, 8, and 9 are stated to be the eye witnesses. PW-8 Satinder Kumar has testified that on 10. 6. 1991 he was present at jahangirpuri when Jatinder Kumar deceased offered him a lift on his two wheeler scooter no. DBZ-5686. This witness accompanied the deceased as a pillion rider. Of these pws 4, 6, 8, and 9 are stated to be the eye witnesses. PW-8 Satinder Kumar has testified that on 10. 6. 1991 he was present at jahangirpuri when Jatinder Kumar deceased offered him a lift on his two wheeler scooter no. DBZ-5686. This witness accompanied the deceased as a pillion rider. While passing the e-Block Jahangirpuri, this witness told Jatinder kumar to stop the scooter as he wanted to purchase some medicines from a chemist there. Jatinder Kumar stopped the scooter in front of the chemist shop and while the witness went inside the chemist shop, he heard some commotion outside and turned back and saw Jatinder Kumar having altercation with one person. During the exchange of hot words, the other person stabbed Jatinder Kumar and inflicted 2/3 stab injuries on Jatinder Kumar. At that time he heard the chemist shout 'naushad ko pakado'. He along with Dinesh, the chemist and one dharam Pal chased the accused a short distance. This witness also states that he himself ran after the accused, however, the accused got away. The witness states that he had not clearly seen the person who had inflicted the injuries on the deceased. However, he states that he was informed of the name by the chemist Dinesh at that time. The witness, however, was unable to identify the accused. Thereafter he deposed to the procedure adopted by the police. ( 4 ) PW-4 states that he is running a chemist shop at D-1215, Jahangirpuri and that on 10. 6. 1991 at about 5. 45 p. m. when he was present at his shop a boy aged about 20/22 years old came on a scooter and parked opposite to the shop. At that time Naushad ah who resides in the nearby shop came armed with hockey stick and inflicted blow on the shoulder and leg of Jatinder Kumar who was sitting on the scooter. After this incidence naushad Ali left the place. Jatinder also went away on a scooter. After about half and hour or 45 minutes Jatinder Kumar returned on his two wheeler. He was accompanied by one Satinder as pillion. Satinder Kumar came to purchase medicine while Jatinder remained near his scooter. At that time, accused armed with a knife attacked Jatinder saying 'aaj mein tujhe batata noon' and inflicted knife injuries on Jatinder whose staggered and fell down. He was accompanied by one Satinder as pillion. Satinder Kumar came to purchase medicine while Jatinder remained near his scooter. At that time, accused armed with a knife attacked Jatinder saying 'aaj mein tujhe batata noon' and inflicted knife injuries on Jatinder whose staggered and fell down. In the meantime, the accused made good his escape alongwith the weapon of offence but was chased by some persons as also by satinder. People collected at the spot and the police came and removed the injured to the hospital who later was reported to have died. This witness identified the scooter Ex. Pl bearing no. DBZ-5686 on which the deceased had come to the shop of this witness. In cross-examination it appears that the entire version of this witness in his examination-in- chief was got reiterated by giving suggestions. No suggestion was put to this witness that the accused had not stabbed the deceased. ( 5 ) PW-7 is Dr. Satish Kumar Sharma of LNJP hospital. He testified that on 10. 6. 1991, he examined one patient who was not responding to any revival treatment and was declared dead. He examined patient and found the following injuries:- "1. 3 cm x 1. 5 cm size stab left axillory line about 5 cm left of left nipple. 2. Stab left thigh about 3 cm x 1 cm about 6 cm about left knee. 3. Stab medical aspect left knee middle one third about 3 cm x 1 cm. " ( 6 ) PW-18 Dr. P. C. Dixit proved the post mortem report. Post mortem report confirms the blunt injuries at the back of the knee on the left leg as also the stabbed injuries suffered by the deceased. ( 7 ) THE trial court on the basis of the evidence adduced, returned the findings:- "29. The evidence of PW4 Dinesh Kumar thus clearly implicates accused Naushad ali as the assailant of Jatinder Kumar to whom he had stabbed and as a result of which Jatinder Kumar had died. Sh. Dinesh Kumar has fully stood- the test of a searching cross-examination and in fact he has faced a very lengthy cross-examination by the learned counsel for the accused. During his cross-examination, his evidence could not be shaken. Sh. Dinesh Kumar has fully stood- the test of a searching cross-examination and in fact he has faced a very lengthy cross-examination by the learned counsel for the accused. During his cross-examination, his evidence could not be shaken. It cannot at all be accepted that he was not present at the spot or that he had not witnessed the incident in which knife blows were given by the accused to Jatinder Kumar as a result of which he received injuries and succumbed to those injuries. PW. 4 dinesh kumar has absolutely no reason to depose falsely against the accused. There is absolutely nothing on record to show that PW4 Dinesh Kumar was in any way hostile to the accused of this case or any such consideration had weighed with him in making a statement in this case as PW. 4. PW4 Dinesh kumar in fact has performed an onerous duty of telling the court whatever he knew about the incident and there is absolutely no reason to disbelieve him in this case. " "30. Further, there is the evidence of sh. Rajinder Kumar and as PW6, he though has turned hostile and has not supported the prosecution version but still his evidence provides some corroboration to the case of the prosecution. Sh. Rajinder Kumar has stated that on 10. 6. 91, he had gone to Jahangir Puri to see some relation and when he reached in E-Block,he saw a boy lying with stab injuries. According to him, he saw one person running from there also and people of the area naming "naushad" as the person who had done that act. Sh. Rajinder kumar has stated tht he could not see clearly the face of that person who was running. He has also stated that the man who was running from the spot was having a knife in his hand. In his cross-examination by the learned APP, sh. Raj Kumar has also stated it as correct that one person came running from a chemist shop situated nearby though he did not know if his name was Satinder Kumar. He has also admitted it as correct that the injured had walked for 2-3 paces and then had fallen down. PW8 Rajinder Kumar has then stated it as correct that the person who had come out of the chemist shop had chased Naushad. He has also admitted it as correct that the injured had walked for 2-3 paces and then had fallen down. PW8 Rajinder Kumar has then stated it as correct that the person who had come out of the chemist shop had chased Naushad. In his cross- examination by the learned counsel for the accused, Sh. Rajinder Kumar has stated that he cannot tell the exact distance upto which that person from the chemist shop had run after the assailant boy. He has admitted it as correct that the man from the chemist shop had run only a short distance and thereafter he came back to the place where the injured was lying. According to him, the police had come tot he spot in his presence and they had noted down his name and address. Sh. Rajinder Kumar has further stated in cross-examination that the person from the chemist shop had also told the police whatever he had seen at the spot. Sh. Rajinder Kumar has denied the suggestion that he was not present at the spot. " "31. Thus the evidence of Sh. Rajinder kumar who has not fully supported the case of the prosecution and has turned hostile also provides some corroboration as indicated above to the case of the prosecution. His evidence at least shows that one boy was lying with stab injuries and he was a person running from there and that person was having a knife in his hand. PW6 Rajinder Kumar in his cross-examination by the learned app has also admitted it as correct that the person who had come out of the chemist shop had chased Naushad. Thus, the chasing of the accused naushad by the person who had come out of the chemist shop had been seen by PW6 Rajinder Kumar. " ( 8 ) WE have given our careful consideration to the evidence adduced and the material placed before us. From reexamination of the material placed before us and reevaluation of the evidence we find PW4 to be a reliable witness who has been corroborated by medical evidence as also, on all material aspect, by the other eye witnesses. Taking the evidence on record as a whole, we find that the findings returned by the trial court and its basis of evaluation of the material on record suffers from no infirmity. Taking the evidence on record as a whole, we find that the findings returned by the trial court and its basis of evaluation of the material on record suffers from no infirmity. The trial court has carefully analysed all aspects of the matter which we find on our own examination to be a perfectly reasonable deduction. In that view of the matter, we uphold the order of conviction as also the order of sentence dated 29. 11. 1999 and dated 30. 11. 1999 and the criminal Appeal No. 39/2000 is dismissed.