The main legal point established is the application of Exception 4 of Section 300 IPC to determine whether an act constitutes murder or culpable homicide not amounting to murder.

BADAR DURREZ AHMED, J.

(1) This appeal is directed against the judgment dated 31.05.1997 passed by the learned Additional Sessions Judge, Delhi in Sessions Case No. 33/1996 arising out of FIR 22/1992 under Section 302 IPC registered at Police Station Bara Hindu Rao. By virtue of the impugned judgment, the appellant has been found guilty and has been convicted for the offence punishable under Section 302 IPC for having caused the death of Yasin. The order on the point of sentence, which is also impugned in this appeal, was passed by the learned Additional Sessions Judge on 04.06.1997, whereby the appellant Mohd. Sultan @ Kallu was sentenced to undergo imprisonment for life and to pay a fine of ' 500/- for the offence punishable under Section 302 IPC and in default of the fine, he was to further undergo rigorous imprisonment for two months. The appellant was granted the benefit of provisions of Section 428 of the Code of Criminal Procedure, 1973.

(2) The case of the prosecution was that Mohd. Farukh and his brothers Yasin and Yamin were engaged in the work of electroplating (nickel polish) at house No. 6353, Gali Ishwari Prasad, Bara Hindu Rao, Delhi. Mumtaz, their cousin (maternal uncle's son) was also working with them. It is also the case of the prosecution that the appellant's brother Taslim was also engaged in the same type of work of electroplating in the same neighbourhood. It is alleged that on the night intervening 17/18 th, September, 1992, some steel plates were stolen from the factory of the complainant Mohd. Farukh. The said Mohd. Farukh and his brothers doubted the involvement of the appellant Mohd. Sultan @ Kallu. THEy also had conversations with regard to their suspicion with others in the mohalla. On the night of 18.09.1992 at about 8 - 9:15 pm, the said Mohd. Farukh and his brothers Yasin and Yamin as also their cousin Mumtaz were discussing amongst themselves about the theft which had taken place in their factory the previous night. It is alleged that at that time, the appellant Mohd. Sultan @ Kallu came to the factory and immediately started abusing the complainant Mohd. Farukh and questioned him as to why his (Mohd. Sultan's) name was being mentioned with regard to the theft of the steel plates which had taken place in the complainant's factory.

The prosecution case further is that the complainant Mohd. Farukh denied that Mohd. Sultan's name was mentioned with regard to the theft which had taken place but this did not pacify Mohd. Sultan @ Kallu and he slapped Mohd. Farukh 2-3 times. Thereafter, Mohd. Sultan left the factory while hurling abuses. Mohd. Farukh's brother Yasin asked Mohd. Sultan @ Kallu not to abuse and upon this, Mohd. Sultan is alleged to have stated that he would teach him a lesson. Immediately thereafter, Mohd. Sultan ran towards his brother Taslim's factory and within minutes he returned with a chhuri (knife) and immediately stabbed Yamin on the left side of his chest. When Yasin and Mumtaz rushed to save Yamin, the appellant Mohd. Sultan @ Kallu ran way towards Bara Hindu Rao along with the knife. Thereafter, the complainant Mohd. Farukh and his brother Yasin rushed Yamin to Hindu Rao Hospital in a three wheeler scooter. At the said hospital, Yamin was examined by Dr Ravi Dutt Sharma at 9:55 pm and was declared as having been brought dead.

(3) The prosecution examined as many as 17 witnesses in support of its case against the appellant. The most important witnesses are PW8 Mohd. Farukh, PW9 Yasin and PW10 Mumtaz, apart from PW1 Dr Ravi Dutt Sharma, who proved the MLC Exhibit PW1/A, and PW5 L. K. Baruwa, who conducted the post mortem examination on the dead body of the deceased Yamin on 19.09.1992 and proved his report Exhibit PW5/A. PW14 HC Hasmat Khan is the person in whose presence the appellant Mohd. Sultan @ Kallu was arrested by Inspector Tulsi Ram from his house at about 12:45 am on 19.09.1992 and the knife Exhibit P-1 was recovered from the right pocket of the trouser of the