Delhi High Court
Kirti Kumar @ Nikhil vs The State Nct Of Delhi on 7 March, 2018
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 7th March, 2018
+ CRL.A. 612/2017
KIRTI KUMAR @ NIKHIL ..... Appellant
Represented by: Mr. C.M. Thapliyal, Mr. M.P.
Shukla, Mr. S.P. Paul, Ms.
Kiran Lata Pal, Advs.
versus
THE STATE NCT OF DELHI ..... Respondent
Represented by: Ms. Kusum Dhalla, APP with
SI Sanjeev Choudhary PS
Vasant Kunj (S)
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
MUKTA GUPTA, J. (ORAL)
Crl.M.A. 9578/2017
Since this court has heard the appeal, application for suspension of
sentence is dismissed as infructuous.
CRL.A. 612/2017
1. By the present appeal the appellant challenges the judgment dated 18 th
March, 2017 convicting him for offence punishable under Section 307 IPC
and the order on sentence directing him to undergo rigorous imprisonment
for a period of five years and to pay a fine of ₹50,000/- in default whereof to
undergo simple imprisonment for two months.
2. The case of the prosecution is that at about 9.34 PM on 5 th September,
2015 a PCR call was received that outside House No. 345, Gali No.16,
Rangpuri, Delhi, of stabbing and when the PCR reached it was revealed that
Kirti the appellant herein had stabbed on the chest and abdomen of Monu.
The said PCR call has been exhibited vide Ex.PW-13/A wherein the name of
the appellant and the injured are specifically mentioned. Before the PCR
could reach the spot, parents of injured had taken him to the hospital as is
also evident from the MLC Ex.PW-8/A.
3. FIR No.990/2015 was registered at PS Vasant Kunj on the complaint
of Raj Kumar (PW-1) father of the injured who stated he was working in
MCD Dispensary, Najafgarh as a Ward boy. Around 9.30 PM his son
Sandeep was standing outside the house. He called his son inside the house
to have dinner. In the meantime Kirti who lived as a tenant in the
neighbourhood came with the knife in his right hand and started abusing his
son Mandeep, stating that why he was interfering and standing over there
and that he would finish him. On this his son asked Kirti not to abuse. Kirti
from his right hand inserted the knife in the chest and left side of his son and
twisted the same inside and left the knife as it is. The complainant called his
elder son Sandeep who caught Kirti at the spot and in the meantime he took
his son to Indian Spinal Injuries Centre.
4. Version of the complainant that he took his son Mandeep to the
hospital is supported by the MLC Ex.PW-8/A and also the testimony of Dr.
Jahedur Rehuman Chaudhary (PW-8) who examined Mandeep, S/o Raj
Kumar at 9.55 PM on 5th September, 2015 in the hospital and noticed the
following injuries:
"i) On chest 5 cms below clavical size 4 x 2 cms CLW.
ii) Lateral to injury number 1 size 6x4 cms CLW.
iii) Left side abdomen CLW with knife in situ."
5. Dr. Preetesh Sahani (PW-3) on seeing the MLC opined the injuries to
be dangerous in nature. In the MLC Ex.PW-8/A the diagram of the injuries
on the injured has also drawn up which corroborates the version of the
complainant who stated that after giving knife blows, the knife was twisted
inside and thereafter left in the body.
6. PW-4 injured Mandeep Singh also deposed before the Court and
stated as under:
"On 05.09.2015 at about 9.30 PM, he was standing outside his
house when his father came towards him and asked him to come
inside to have dinner to which he told him he would come inside
in 5 minutes. He stated that the appellant (Kirti Kumar @
Nikhil) came towards him with a knife in his hand and started
abusing him and told him that since he used to tell him not to
stand in front of the gate he would teach him a lesson- 'Kamm
Tamam Kar Dunga'. On his objection to the appellant hurling
abuses, the appellant attacked him with the knife on his chest,
stomach and on the left side near his kidneys, thereafter, he
twisted the knife while it was inside and then left it there. He
then raised an alarm to which his elder brother Sandeep came
there and the appellant was apprehended by the passersby. He
stated that the appellant was beaten by the public and his
brother Sandeep freed the appellant from the clutches of the
public and thereafter caught hold of him. His father had then
taken him to the Indian Spinal Injury Centre in Vasant Kunj.
He corroborated with PW-1's statement regarding them
receiving threatening calls near the court dates by one person
who gives his name as Ram Kishan."
7. Challenge of learned counsel for the appellant to the impugned
judgment of conviction is that no public person was associated. Secondly
the site plan differs from the ocular version. There are contradictions in the
testimony of PW-1, PW-4 and PW-9 and that the alleged weapon of offence
i.e. the knife has not been produced nor exhibited in the Court.
8. Learned counsel for the appellant has taken this Court through the site
plan and states that in cross-examination PW-1 admitted that Mandeep was
standing in front of the house of Inder and not his own house. A perusal of
the site plan Ex.PW-1/B reveals that complainant's house is opposite Inder's
house, thus if a person is standing on the road he would be in front of the
house of both the complainant as well as Inder.
9. Appellant was apprehended at the spot as is evident from the
testimony of Sandeep (PW-9) the elder brother of Mandeep who caught him
at the spot and handed him over to the investigating officer and HC Ajay
Kumar. No doubt, the investigating officer did not produce the knife in the
Court nor exhibited the same but in view of the testimony of the injured
witness and eye-witness whose presence at the spot cannot be doubted as he
immediately took the injured to the hospital and the fact injuries have been
opined to be dangerous in nature, the non-exhibiting of the knife cannot be
held to be fatal to the case of the prosecution.
10. Considering the evidence on record this Court finds no infirmity in
the impugned judgment of conviction or order on sentence. Appeal is
accordingly dismissed.
11. Copy of judgment be sent to the Superintendent Jail for updation of
the records.
12. Trial Court Record be sent back.
(MUKTA GUPTA)
JUDGE
MARCH 07, 2018
'ga'
