SITA RAM Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises out of judgment and order dated 15.02.2018 of the High Court of Delhi at New Delhi in Criminal Appeal No.333 of 2002 in and by which the High Court has affirmed the conviction of the appellant-Sita Ram (A-2) under Sections 302 and 323 read with 34 of the I.P.C. and the sentence of life imprisonment imposed upon him.

(3.) Briefly stated the case of the prosecution is that on 2nd July, 1990 - 10:00 p.m., injured Kala Wati (PW-19), wife of deceased-Mangal Singh, was going along with her husband to her house after closing tea shop at Kardam Puri. When they reached near the shop of Girdhari Lal (A-1 since dead), they found the appellant-Sita Ram (A-2), Ram Pal (A-3) and Ram Phal (A-3) there. Deceased-Mangal Singh asked Girdhari Lal (A-1) not to tap/hook the electricity from the electric pole connecting his house. Girdhari Lal (A-1) got annoyed and objected to the questioning by deceased-Mangal Singh and all the accused alleged to have abused deceased-Mangal Singh. Ram Pal (A-3) gave the blow on the head of deceased-Mangal Singh and Sita Ram (A-2) and Ram Phal (A-4) gave blows with Danda and hockey stick respectively on deceased-Mangal Singh. Kala Wati (PW-19), wife of deceased, who tried to intervene also sustained injury on her hand. On hearing the noise Brij Mohan (A-5) came there. When Raj Kumar (PW-9), Leela Wati (PW-4) and Jai Singh (PW-14) came to save her, other accused caused injuries Jai Singh and Raj Kumar (PW-9) and Leela Wati (PW-4). Brij Mohan (A-5), Subhash (A-9) and Rajender (A-6) are said to have attacked Raj Kumar (PW-9) who also sustained injuries. Injured were taken to the hospital. Mangal Singh succumbed to injuries. On the complaint lodged by Raj Kumar (PW-9), FIR was registered under Sections 147, 148, 307 and 323 I.P.C. which was subsequently altered to Section 302 I.P.C. Dr. M.P. Sarangi (PW-6) conducted the post-mortem on the dead body of deceased-Mangal Singh. He noticed lacerated wound at the top of head of size 3 cm x 0.5 cms; lacerated wound on right parieto temporal region of head of size 2 cm x 3 cm; lacerated wound of 1 cm x 5 cm above the upper part of right ear etc. He opined that injuries no.1 to 3 were fatal and sufficient to cause death in the ordinary course of nature. On completion of the investigation, the chargesheet was filed against A-1 to A-4 under Sections 325, 323 and 302 read with 34 I.P.C.