Delhi High Court: A Single Judge Bench comprising of Pratibha Rani, J, dismissed an appeal against conviction under Section 307 of the IPC. The appellant submitted before the Court that he had no motive to cause death of the injured as they did not know each other and had no enmity between them. The appellant cited these as grounds for motive being absent. The appellant further contended that he had been identified on the basis of a dossier from a Test Identification Parade.
The facts in brief are that, the injured had gone to take dinner at Zakhira and while returning near Zakhira and while returning he was stopped by a boy who asked him to hand over his valuables. Upon denial, the said boy, pushed and slapped him before stabbing him below the abdomen. The injured then ran towards the factory, where he resided. He was later taken to Hindu Rao Hospital by his brother Arjun Singh who also informed the PCR. The injured identified the assailant from the dossier shown during the Test Identification Parade.
Considering the nature of the stab wound on the vital part of the body, the nature of the weapon and the manner in which it was used, along with the motive i.e frustration on not being able to get valuables from the injured, the necessary intention and knowledge of causing injury can be clearly inferred. Appeal dismissed. [Mohd. Khurshid v. State, 2017 SCC OnLine Del 11534, decided on 08.11.2017]
