AMIRUDDIN Vs. STATE (DELHI ADMN.)

JUDGEMENT

(1.) This appeal by the convict is directed against the judgment dated 26.08.2009 delivered by the High Court of Delhi upholding the conviction of the Appellant Under Section 302, Indian Penal Code passed by the Trial Court vide its judgment dated 23.03.1996. The Appellant has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 1000/-.

(2.) We have heard learned Counsel for the parties. Mr. Sanjay Hegde, learned senior Counsel appearing for the Petitioner submitted that taking all the facts as they are stated by the eye-witness to be true, the offence which is made out is not of murder but culpable homicide not amounting to murder under Part II of Section 304, Indian Penal Code.

(3.) To appreciate this contention, it would be pertinent to refer to certain facts. On 12.01.1991, Ashok Kumar (PW5) and Manoj Kumar (PW10) were watching a movie at Neel Kanth Community Centre. Zahid (brother of the Appellant) was also watching the movie. An altercation took place between Ashok Kumar and Manoj Kumar on one side and Zahid on the other. Zahid gave a blow on the nose of Manoj Kumar who immediately left the Community Centre and met his friends Raju (PW1), Ghanshyam (PW3), Chanderpal (PW4), Mukesh Kumar (PW15) and Rajinder Kumar (the deceased). Manoj Kumar informed his friends about this incident who all proceeded towards the Community Centre.