JAI KARAN YADAV Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned counsel for the appellant. The appellant is before this Court assailing the judgment dtd. 25/11/2014 passed by the High Court of Delhi at New Delhi in Crl.A. No. 1145/2011. Through the said judgment, the High Court has confirmed the conviction and sentence rendered by the trial court through its judgment dtd. 19/4/2011. At the outset, it is necessary to take note that when this Court directed notice to the respondent on 19/7/2009 an opinion was formed that insofar as the conviction, the trial court as well as the High Court were justified. The notice was limited to the question of considering Signature Not Verified the nature of offence and the quantum of punishment. that stage taken note was as to whether the conviction awarded to the appellant under sec. 302 of IPC in the facts and circumstances was justified or as to whether such conviction ought to have been under Sec. 304 Part II of IPC.

(3.) In order to consider this aspect of the matter, a perusal of the appeal papers would indicate that the appellant who is the husband of the deceased was charged of assaulting his wife Kaushalya Yadav in the matrimonial house on 14 th July, 2010 at 10.30 P.M. The sole eyewitness account which was recorded was of the seven years old daughter Khushi who was examined as PW-3. The said witness on noticing her father assaulting the mother had shouted out and it is at that stage two other witnesses, namely, Sanjay and Sunil who are neighbours of the family had come to the spot. Insofar as the incident having occurred and the veracity of the evidence tendered by the child witness, there is detailed consideration made by the trial court as also the High Court and had believed the statement given by the child. Therefore the only aspect which arises for consideration herein is as to whether even if the incident is accepted in the manner in which it had occurred, was it at the spur of the moment requires further consideration in the matter.