UMESH Vs. STATE

JUDGEMENT

(1.) The appellants have filed the present appeal, inter alia, impugning a judgment dated 08.05.2017 (hereafter 'the impugned judgement') passed by the learned ASJ, FTC, Shahdara, Karkardooma Courts, whereby the appellants were convicted for the offences punishable under Sections 304/34 of the Indian Penal Code, 1860 (IPC). By an order on sentence dated 27.05.2017, which is also impugned herein, the appellants were sentenced to undergo seven years of rigorous imprisonment along with a fine of Rs. 10,000/- each and in default of payment of fine, to undergo six months of simple imprisonment.

(2.) The appellants were found guilty of beating a boy named Deepak (hereafter also referred to as 'the deceased') and fatally injuring him. The appellants contend that the impugned judgment is liable to be set aside as the testimony of the key witness (PW1) is not consistent with statement of the wife of the deceased. It is pointed out that PW-1 had testified that he had seen the deceased at about 03:00-03:30 am but the wife of the deceased (in her statement given to the police) had stated that he had left the house at 04:00 am. It is further contended that there is no evidence to establish that the deceased is the same boy who was allegedly beaten by the appellants. It is further contended that other residents of the Gandhi Kushth Ashram were not examined and therefore, the evidence available on record is insufficient to convict the appellants.

(3.) Briefly stated, the case of the prosecution is that on 27.06.2013 at about 06:15 a.m., a call was received at the police headquarters reporting that a person was lying unconscious at New Quarter, 444, Kodi Colony, Thairpur. The said person, who was identified as Deepak, was taken to GTB Hospital where was he declared as brought dead.