1. The present appeal has been filed by the appellant-Ajay @ Gadnu
under Section 374 Cr.P.C. against the judgment of conviction dated
06.04.2015 and order on sentence dated 07.04.2015 passed by learned
Additional Sessions Judge-02 (Central), Tis Hazari Court, Delhi whereby
Crl.A. 358/2016 Page 1 of 18
the appellant has been convicted under Section 302 IPC and sentenced to
undergo imprisonment for life and fine of Rs.25,000/- and in default of
payment of fine to further undergo simple imprisonment for a period of three
months for the offence under Section 302 IPC.
2. As per the case of the prosecution, on 27.04.2011, an information was
received vide DD No. 9A at 06.15 A.M. that a lady had been stabbed with a
knife at Chinnot Basti, behind C-68 White House Hostel, Laxmanpuri
Chowk and that the assailant had been caught. The said information was
assigned to SI Ram Narayan, who along with Ct.Ram Gopal reached the
spot and found that the injured Kalawati had been taken to the hospital along
with the assailant Ajay and his brother Ramesh. On inspection of the spot, it
was found that a bed was lying in the room having a blood stained bed sheet.
Blood was also found lying at two spots on the floor. One blood stained
knife was found behind the door of the said room. A constable was left was
at the spot to safeguard the same, and SI Ram Narayan reached RML
Hospital and collected the MLC of Kalawati. On the MLC Ex.PW-19/A, the
doctor observed an incised wound on right palm, a stab wound on right side
of neck, and a stab wound in mid abdomen towards the left side with
protrusion of the intestine. The patient was declared unfit for statement.
Statement of the eye witness Ashok Tripathi (PW2) was recorded.
Source: Indian Kanoon