MOHD SHARIF Vs. STATE

JUDGEMENT

(1.) This Appeal filed by Mohd. Sharif, the Appellant, challenges his conviction under Sections 304 IPC and sentence of Rigorous Imprisonment for seven years and a fine of Rs. 1,000/- and in default of payment of fine Simple Imprisonment for six months, awarded by the learned Additional Sessions Judge.

(2.) The case of the prosecution in brief is that on 19th September, 1991 Mohd. Sharif and his mother Manbari gave leg and fist blows to one Kamruddin resultantly causing his death. The FIR was lodged on the complaint of Suberati, the father of the deceased Kamruddin. Suberati was not examined during the trial since he had expired, however, the prosecution examined PW-1 Shaukat Ali, the neighbor and PW-3 Ms. Zehnab, the wife of the deceased. According to Ms. Zehnab the Appellant along with his mother gave leg and fist blows resulting in the death of Kamruddin. Even PW-1 states that he saw Kamruddin and the Appellant quarreling (fighting). The father of Kamruddin and Sabir intervened and tried to separate them. Kamruddin's father took Kamruddin with him and went out from that street.

(3.) Learned Counsel for the Appellant contends that the statement of Ms. Zehnab is full of contradictions and significant improvements and thus the witness is not trust-worthy and no reliance can be placed on her testimony. Though the testimony of PW-3 Zehnab implicates the mother of the Appellant Manbari also but on the same evidence she has been acquitted by the learned Trial Court. Ms. Zehnab improves her testimony to the extent that even she introduces wooden weapons for beating and also implicates the daughter of the Appellant. No weapon was recovered hence her testimony cannot be believed. Moreover, Ms. Zehnab has deliberately introduced the story of illicit relations between the father of the deceased and Manbari thus introducing motive for the alleged incident. The learned Trial Court could not have truncatedly believed the testimony of PW-3. Learned Counsel also relies on the testimony of PW-4 Dr. L.T. Ramani, who has opined that the cause of death was due to shock and hemorrhage caused/resulting from blunt injury on the kidney. The deceased died because he had a big stone in the kidney which caused the rupture resulting in the death. Learned Counsel contends that even relying on the testimony of the witnesses this is a case of sudden quarrel by fist and leg blows which would be an offence of causing hurt simple or grievous punishable under Section 323 or 325 IPC. Learned Counsel for the Appellant relies on the decisions rendered in Dev Raj @ Polar v. State Govt. of NCT of Delhi,2010 2 JCC(Del) 1174 and Om Singh @ OMI v. The State Delhi Adm.,2009 4 JCC(Del) 3194 and Chanda v. The State, 1980 17 DLT 242.