DEEPAK KUMAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Appellant Deepak Kumar has been convicted vide impugned judgment dated 27.4.2009 in Sessions Case No. 76/07, FIR No.327/07, P.S. Moti Nagar for murder of his 40 days old child under Section 302 IPC and sentenced in terms of order dated 29.4.2009 to undergo imprisonment for life and to pay fine of Rs. 2000/-. We may note that the learned Additional Sessions Judge has not awarded any sentence in the event of default of payment of fine. Feeling aggrieved by the impugned judgment and the order on sentence, Deepak Kumar has preferred this appeal.

(2.) Briefly stated, case of the prosecution is that on 19.05.2007 at about 09:30 p.m., Head Constable Sukhbir, No. 2361 who was on duty at RML Hospital telephonically informed P.S. Moti Nagar that one child Umang son of Deepak has been admitted in the hospital in injured condition by his mother Deepika with the history of having sustained injury due to fall from hands. This information was recorded in Daily Diary register as Entry No. 36A. Copy of the DD report was entrusted to ASI Hari Chand (PW11).

(3.) On the receipt of the DD report, ASI Hari Chand (PW11) alongwith Constable Rakesh (PW10) went to RML Hospital and obtained the MLC of the child Umang who was found admitted there. He met Deepika, wife of Deepak i.e. mother of the injured child in the hospital and recorded her statement Ex.PW11/A. ASI Hari Chand sent that statement alongwith his endorsement to the police station for the registration of formal FIR and on the basis of said statement, formal FIR No. 327/07 was initially registered under Section 317/279/304 A IPC.