New Delhi: A rag-picker has been sentenced to a five-year jail term for stabbing his fellow during a fight over a share of scrap, by a Delhi court which refused to take a lenient view towards him due to the gravity of the offence.
Additional Sessions Judge Hemani Malhotra, while relying on the testimony of victim Raju and an eye-witness, handed down the jail term to rag-picker Dalip for the offence of attempt to murder under section 307 of the IPC.
"Considering the submissions and the nature of offence, this court is of the opinion that convict does not deserve any leniency at all. Accordingly, he is sentenced to undergo rigorous imprisonment for five years," the judge said, while terming testimonies of Raju and eye witness as "consistent".
"It is proved that the complainant sustained stab injury on his abdomen with his intestines protruding out and a major abdominal surgery was conducted on him," the court said while also relying on the medical report of the victim.
The court, while rejecting the contention of the counsel for Dalip regarding non-recovery of the weapon of offence, said, "it is the case of both the injured and the eye witness that the accused had fled from the spot with the weapon of offence i.E the broken glass bottle.
"The broken glass bottle is not a special and a peculiar object. It can be found lying in any public place. Otherwise also, non-recovery of such a common weapon is neither fatal nor demolishes the case of prosecution."
According to the prosecution, on the night of April 19 last year, a quarrel broke out between the victim and the accused, both rag pickers and drug addicts, over their share in the scrap, which led Dalip to stab Raju in front of the scrap dealer Raj Kumar.
Pleading innocence before the court during trial, Dalip had submitted that the incident took place at the spur of the moment and he had no intention to hurt Raju.
The court, however, dismissed the accused's contention of false implication, saying, "the injured person in ordinary course of nature would be the last person being the victim and the person who had suffered such a serious injury, to shield the real culprit and falsely implicate the accused."