SUNDER Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment dated 13.1.2005 and Order on Sentence dated 15.1.2005 whereby the appellant was convicted under Section 308 of IPC and was sentenced to undergo Rigorous Imprisonment for six months and to pay a fine of Rs. 15,000/- or to undergo Rigorous Imprisonment for three months in default. The amount of fine was directed to be paid as compensation to the injured.

(2.) The case of the prosecution is that on 14.1.2001, the injured Mahipal was selling Chhole Bhatoore on his cart on Wazirabad Road, Ashok Nagar, Delhi. The brother of the appellant purchased one plate of Chhole Bhatoore from Mahipal for Rs. 5/- and consumed it on the spot. While going back, he demanded a sum of Rs. 95/- from the injured, claiming that he had given a hundred rupee note to him. The injured having refused to refund the amount of Rs. 95/- to him, he left saying that he would definitely recover the balance amount of Rs. 95/- from him. After some time, he, accompanied by two old persons and the appellant Sunder, returned to the cart of Mahipal and demanded the balance amount of Rs. 95/-. Mahipal refunded the amount of Rs. 95/- to him. After taking the money and while going back the appellant caused injury on the head of Mahipal, using lemon- presser for this purpose.

(3.) The injured Mahipal came in the witness box as PW-3 and stated that on 14.1.2000, Vinod Kumar, brother and co-accused of the appellant, purchased one plate of Chhole Bhatoore from him after paying Rs. 5/- to him. After some time, Vinod started demanding Rs. 95/- on the ground that he had given a hundred rupee note to him. When he refused to refund the amount of R.95/- to Vinod, he left with a threat to recover that amount. After some time, Vinod came back accompanied by his parents. He returned Rs. 95/- to Vinod, with a view to avoid quarrel. After some time, the appellant Sunder, who is the brother of Vinod picked up the lemon-presser from his cart and gave blow on the left side of his head.