Judgment:
M.K. Chawla, J.
(1) There is a cluster of jhuggis covering a vast area at Yamuna Pushta near the boat bridge, falling within the jurisdiction of Police Station Kotwali. Raju, accused, is known as a tough of that locality. In the presence of a few persons, including Shri Bhola Yadav, the first informant, the accused is alleged to have stabbed Raju, deceased, at 8 P.M. on 4th November, 1983 at the back of jhuggi of one Tahir. PWs. Sher Ali and Dilawar removed the injured to J.P.N. Hospital in the cycle-rickshaw of Noor Aslam. At about 9.30 P.M., Balram Constable on duty at the Hospital telephonically informed the Duty Officer at the Police Station Kotwali that one unknown person said to have been injured in a knifing incident near the jhuggis situated at Yamuna Pushta, had been declared 'brought dead' by the doctor. This information was incorporated as Dd Report 31-B (Ex. PW-15/ A). Its copy was given to Shri O.P. Tiwari, SHO/inspector of Police Station, Kotwali, who Along with his staff reached the hospital. There he collected the O.P.D. card but found no witness to depose about the circumstances leading to the incident. He then came to the place of occurrence where, Bnola Yadav got recorded his statement giving the following facts:
(2) It was stated by him that he was a native of Agra Fort, District Agra, U.P. and was residing in a jhuggi for the last more than 3 years. He was engaged in the repairing of cycle-rickshaws. On the date of the incident, he was present in his jhuggi. At about 8 P.M. he heard the noise of a quarrel On coming out of his jhuggi, be saw Raju accused holding a knife (chhuri) in his hand, threatening the deceased that on an earlier occasion, he (accused) was got stabbed by the deceased with the help of his companions and that 'today' he would avenge the incident by taking his (deceased's)life. While saying so, the accused stabbed Raju deceased twice on the left side of his abdomen. On receipt of the knife blows. Raju (deceased) fell on the ground and the accused escaped towards the Yamuna bridge proclaiming that he would also see the companions of Raju By that time, according to Bhola, many persons of the jhuggis gathered. Sher Ali and Dilawar removed the injured to the J.P.N. Hospital in a cycle-rickshaw of Noor Aslam.
(3) On the basis of his statement Ex. PW-3/A, the S.H.O. made his endorsement Ex. PW-18/B and sent the same to Police Station Kotwais through Constable Samad Ali for the registration of the case. Jatinder Kumar Sub-Inspector recorded the First Information Report Ex. PW-16-A and sent its copy Along with the statement of Bhola Yadav to the S.H.O. for further investigation. Since the place of occurrence was a sandy area, he could not find any blood. However, at some distance, he recovered a pair of chappals, PW-1/1 and 2 and converted the same into sealed parcels and took them into possession vide Memo. Ex. PW-1/A. He prepared the site plan and recorded the statement of witnesses. On the same day, he prepared the inquest report, of the deceased and sent the body to the Mortuary for post-mortem. He had also taken into possession the blood-stained clothes of the deceased and those of Noor Aslam, vide Memo. Ex. PW-3/A. PW-4 Noor Aslam was the person who had put the injured in his cycle-rickshaw. On the same day, he set out to apprehend the accused. By about 10 P.M., the J.O. with the help of Pw was able to spot the accused from across the Yamuna. The accused was overpowered. From his personal search, the dagger Ex. P-2 smeared with blood was recovered from the right dub of his pant. The weapon of offence was seized and after it was converted into sealed parcel was taken into possession vide memo. Ex. PW-2/A. After necessary investigation, the accused was charge-sheeted for the murder of Raju.
(4) In his statement under Section 313 Cr. P.O., the accused denied the prosecution case in toto and took up the plea that he had been made the scape-goat in this case by the Police in collusion with Smt, Dulari with whom he had inimical terms on account of her son having stabbed him (accused). He did not, however, lead any evidence in defense.
(5) The prosecution mainly relied upon the statement of Smt. Dulari, an eye-witness of the occurrence, the supporting evidence of other witnesses, and the medical evidence. Reliance was also placed on the surrounding circumstances, including the arrest of the accused, recovery of the weapon of offence and the pair of chappals proved to be that of the accused.
(6) In the final analysis he was convicted under Section 302 Indian Penal Code . for committing the murder of Raju and under Section 27 of the Arms Act for having been found in illegal possession of the knife. He was sentenced to undergo rigorous imprisonment for life under Section 302 Indian Penal Code . and R.I. for two years u/s 27 of the Arms Act. Both the sentences were, however. ordered to run concurrently. The Judgment of conviction and the separate order of sentence have been challenged by the appellant by way of the present appeal.
(7) The submission of the learned counsel for the appellant is that the testimony of Smt. Dulari cannot be relied upon as she has been proved to be inimically disposed towards the appellant on account of a previous stabbing incident. Further more, the incident happened on the spur of the moment without any premeditation. The appellant had no intention to cause such bodily injuries on the person of the deceased as to cause his death.
(8) The pleas raised in defense of the appellant have no substance. It is not disputed that a conviction of an accused in a murder case can be based on the testimony of a single eye-witness, without corroboration, provided the court comes to the conclusion that his or her evidence is honest, trustworthy and completely above board. Such an evidence has to be weighed in terms of quality. The evidence of PW-6 Smt Dulari has come up to that expectation. Smt. Dulari, is the resident of a jhuggi near to that of Tahir Mian. On the day of the incident which was a Diwali day, she had come to Tahir's shop for purchasing ration. At about 8 PM. she saw accused Raju quarreling with the deceased. Tahir Mian asked both of them to leave his shop. Raju deceased started moving towards the back of the jhuggi of Tahir. The accused followed him. Dulari was walking about 8 paces behind them when she noticed the accused whipping out a dagger from his dub and stabbing Raju deceased on the left side of his abdomen and chest. She also heard Raju deceased saying that he had been stabbed by Raju accused. Smt. Dulari saw the accused running towards boat bridge leaving behind his pair of chappals. Injured Raju was then removed to the hospital in the rickshaw of Noor Aslam by Dilawar and Sher Ali.
(9) Smt. Dulari was cross-examined at length with an endeavor to prove the falsity of the statement on account of her enmity towards the accused. Even though she admitted that two of her sons Goley and Chhote were once arrested in a case under the Arms Act and Excise Act but she denied having any enmity or ill-will towards the accused. According to her, all her sons are doing separate and independent business and none of them is living with her. There is no worthwhile cross-examination on the actual act of stabbing.
(10) The evidence of Dulari finds corroboration from PW-4 Noor Aslam and PW-5 Sher Ali. Noor Aslam at that point of time happened to be present in his jhuggi. On hearing the shouts, he came out of his jhuggi and rushed towards the jhuggi of Tahir Mian. On the way, he saw Raju deceased lying injured and saying that he had been stabbed by Raju accused. Noor Aslam had also seen the accused running towards the boat bridge, holding a dagger in his hand. In the same terms is the version of PW-5, Sher All. PW-3 Bbola Yadav even though was the first informer yet he tried to help the accused by deposing that he did not see the actual stabbing incident with his own eyes. However, he goes to the extent of saying that he had seen the accused, duly armed with a dagger and the deceased quarrelling, at the back of Tahir's jhuggi, that the deceased came running saying that he had been stabbed by Raju accused. All these witnesses have stood the test of cross-examination. Learned counsel for the appellant has not been able to point out any material discrepancy or inconsistency inter se the statements of the witnesses and the prosecution version at least on two counts :-
(11) Firstly that the accused was seen with a dagger in his hand running towards the boat bridge from the spot soon after the occurrence; and secondly, the oral declaration made by Raju deceased naming the accused for having stabbed him with a dagger. Both these circumstances are important corroborative piece of evidence to the statement of Dulari, implicating the accused, for the murder of Raju.
(12) The medical evidence brought on record in the testimony of Dr. Bishnu Kumar with regard to the seat of injuries is another piece of evidence corroborating the statement of Dulari. On external examination, the doctor has found the following two injuries on the person of the deceased:-
'1.Incised stab wound 2.8x1 cm on the left side front chest 4 cm below left nipple and just outside mid clavicle line, horizontal. over 5th inter costal space, inner end being 8 cm from mid line and it was going chest cavity deep. It was 1 10 cm above left heel. Both the margins of the wound were clean cut and both angles were acute with blood coming out of it. 2 Injury no. 2. Incised stab wound 3x1 cm horizontal, on the left side middle front part of abdomen, inner and middle being 1.5 cm above the level of umbilicus and 415 cm from mid line. Margins of the wound were clean cut and both the angles were acute with omentum coming out of it and it was abdominal cavity deep.'
The total depth of injury no. I which had entered the chest cavity through intercostal space after cutting left lung recess and then had entered the heart has been described as 5 cm deep. The direction of this injury was medially slightly backward upward. According to Dr. Bishnu Kumar, the death in this case was due to haemorrhage and shock consequent upon stab injuries to chest and abdomen. In his opinion, both the injuries were sufficient to cause death in the ordinary course of nature, individually and collectively. On examination of the shirt, Ex. P-4, any baniyan P-5 of the deceased, as well as the dagger Ex. P-2, the doctor was further of the opinion that injury no. I and 2 on the body of the deceased, as well as the cuts on the clothes could be caused by the said dagger. His report in this respect is Ex. PW-17/C. Dr. Bishnu Kumar has not been cross-examined on any of the aspects, thus, leaving no scope for this Court except to infer that the medical opinion fully supports the ocular testimony of Smt. Dulari and other witnesses.
(13) The Investigating Officer Shri O.P. Tiwari has given a plausible Explanationn for not lifting any blood from the spot as he could not find any blood on the sandy area where the incident had taken place. We, however, fully rely upon the testimony of PW-19, Birju. brother of the deceased and PW-2 Kailash regarding the arrest and the recovery of the dagger from the accused by the 1.0. from across the Yamuna at about 10 P.M. on the next day. The recovery of the chappals of the accused from near the place of occurrence is another circumstance pointing an accusing finger towards the accused. These circumstances are not under serious challenge by the accused.
(14) Furthermore, the prosecution in this case, did not lose any time in sending the special report to the higher Police officers as well as the Metropolitan Magistrate of the area. Immediately after the recording of the First Information Report, PW-9 Constable Kaitar Singh was deputed at Ii P.M. to deliver the copy of the F.I.R. to the Additional Commissioner of Police, D.C.P. (North) and the Metropolitan Magistrate Shri Raghbir Singh,vide Ex.PW-15/C. He delivered the copy of the First Information Report containing all the relevant information viz. the name of the accused and those of the witnesses, the weapon of offence used and the manner and the number of injuries inflicted and the place of occurrence, to the residence of the Metropolitan Magistrate Shri Raghbir Singh at about I .AM.
(15) The prosecution has also led convincing evidence to prove the motive of the accused for taking revenge from the deceased who Along with his companions was involved in a previous incident of stabbing the accused. In this connection, the prosecution ha? brought on record the copy of the First Information Report Ex. Public Witness 16/A having been registered on 7.9.1983 on the statement of accused Raju, that while at about 10.20 P.M. he was sitting at the corner of boat bridge, he was accosted by Kalu and Chhote and was stabbed by Hemu. PW-13 Rattan Singh, Asi who had investigated the said case had arrested the named accused and later on chargesheeted. This evidence proved the motive of the accused to take revenge. Even otherwise the absence of motive in such a case is immaterial, if there is other unimpeachable evidence of the murder. In this case, as observed earlier, we have fully relied upon she evidence of Smt. Dulari and the supporting evidence of other witnesses, including the recovery of chappals of the accused.
(16) In this case the prosecution has proved that the accused had used a double-edged knife (Ex. P-2). Its total length was 26.8 cm. having the length of the blade as 16.9 c.m. He had inflicted forceful blows on the most vital parts of the body of the deceased, that is, abdomen and chest. According to the doctor, as observed earlier, the penetration was so deep that it cut through every organ till it pierced the heart. When the appellant struck the deceased with the knife, he knew that the blows on the abdomen and the chest were likely to result in the death of Raju deceased. It was a pre-meditation plan of the accused and while giving knife blows he must be held to have the necessary intention to commit the murder. We do not see any reason to differ with the findings of the trial court.
(17) In the result, we do not find any merit in the appeal which is hereby dismissed.