Delhi High Court
Dinesh vs State on 12 September, 2014
Author: Pradeep Nandrajog
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 1425/2012
DINESH ..... Appellant
Represented by: Mr.S.S.Ahluwalia, Mr.Dhruv
Banerji, Advs.
versus
STATE ..... Respondent
Represented by: Mr.Lovkesh Sawhney, APP
with Insp. Yashwant PS
Ambedkar Nagar.
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 12.09.2014
Crl.M.B. 10494/2014
1. Learned counsel for the parties state that the appeal itself may be
heard today because the issue centres around the testimony of PW-7.
2. We dispose of the bail application as not pressed.
CRL.A. 1425/2012
1. Heard learned counsel for the parties.
2. We speak through the percipient eyes of Raj Kumar PW-7. He has
deposed as under:
"I run a furniture shop in the name and style 'krishna
Furniture'. On 30.1.08, at about 12 noon, I was present at my
shop along with the six workers. Accused Dinesh, present in
the Court, used to come to make sofa occasionally. On that
day, he was also working in my shop. He went at the first floor
of my shop to take blade of Saw, where other workers were
working. There an altercation took place between Carpenter
Sanjay and accused Dinesh. Thereafter, Dinesh came down
from the first floor and started abusing Sanjay. In the
meantime, Sanjay also came down and they grappled with each
other. Dinesh told that he will kill Sanjay and took out big
scissors from the bed and stabbed on the chest of Sanjay.
Thereafter, Dinesh ran away from the shop. Sanjay bled from
his injury. I put him in my quails car and took him to Trauma
Centre, where Sanjay was admitted. Police came there and
recorded my statement in the hospital. My statement is Ex.PW-
7/A, which bears my signatures at point A. IO directed me to
reach at the spot. I reached at the spot in the evening, where
IO prepared site plan at my pointing out. On 5.2.08, Accused
Dinesh, present in the Court, was arrested from his house at
Bharatpur, Rajasthan in my presence. The arrest memo of
accused Dinesh is Ex.PW-7/B. His personal search was also
conducted, which is Ex.PW-7/C. Thereafter we returned back
to Delhi."
3. A perusal of the testimony of Raj Kumar would reveal that the
appellant came to his shop to make a sofa. Appellant used to occasionally
come to the shop of Raj Kumar to work. The appellant did not come armed
with any weapon of offence. Some altercation took place between the
appellant and Dinesh. The verbal altercation resulted in the two being
physical with each other. They grappled. Appellant picked up a handy
weapon, being a scissor lying nearby and inflicted stab blow on the chest of
Sanjay. Sanjay died due to resultant injury.
4. PW-11 Rehan Khan has also deposed in sync with Raj Kumar. Post-
mortem report Ex.PW-13/A shows five stab wounds inflicted on the person
of Sanjay. Cause of death is hemorrhagic shock due to excessive bleeding.
5. The conviction of the appellant for the offence punishable under
Section 302 IPC cannot be sustained. The appellant did not come
premeditated. The appellant did not bring with him the scissor in question.
There was an altercation between the appellant and the deceased. Upon a
sudden quarrel the appellant used a handy object scissor to stab the
deceased.
6. Since the stab wounds are five and the body part is vital part - the
chest, the appellant has to be convicted for the offence punishable under
Section 304 Part-I IPC.
7. We dispose of the appeal altering the appellant's conviction to the
offence punishable under Section 304 Part-I IPC. We sentence the appellant
to undergo rigorous imprisonment for a period of 10 years and a fine of
`10,000/- and in default of payment of fine to further undergo simple
imprisonment for a period of three months.
8. TCR be returned back.
9. Two copies of the judgment be sent to the Superintendent Central Jail
Tihar one for his record and the other to be handed over to the appellant.
PRADEEP NANDRAJOG, J.
MUKTA GUPTA, J.
SEPTEMBER 12, 2014
'ga'
