JITENDER KUMAR Vs. STATE OF DELHI

JUDGEMENT

(1.) THIS Appeal is directed against the judgment dated 11.03.1998 and the order on sentence dated 12.03.1998 whereby the Appellant was convicted for the offence punishable under Section 300 read with Section 302 Indian Penal Code (IPC) and was sentenced to undergo imprisonment for life and to pay the fine of Rs.500/ - or in default of payment of fine to undergo Simple Imprisonment for ten days.

(2.) SUCCINCTLY stated, the case of the prosecution is that on 06.06.1995 at about 7:00 P.M. Bharat Chetteri (the deceased) along with his friends Raju Chouhan (PW -1), Jaifry Massi (PW -2), Dalip, Nanu and others was taking tea at Ramu's tea stall. Deceased needed some money as he had to attend the Court proceedings on the next day. He, therefore, requested Raju Chouhan (PW -1) to lend him Rs. 400/ -. Raju Chouhan, in order to help the deceased approached his sister Lata, a resident of D -8/4, Vasant Vihar New Delhi to arrange the said sum. The deceased and Raju went to the house of Lata on Raju's motorcycle. While the deceased waited outside, PW -1 went inside the house. He (PW -1), however, was unable to arrange the money. The deceased, therefore, requested PW -1 to arrange at least Rs. 200/ -. PW -1 again went inside the house of his sister. PW -1's sister expressed her inability to arrange even that much of money and he informed the deceased about the same.

(3.) THE deceased was given first aid at Holy Angels Hospital and the patient was referred to Safdarjung Hospital. DD No. 37 -A, Ex.PW -5/C6 was recorded at 10:05 P.M. in Police Station Vasant Vihar regarding admission of the deceased in Safdarjung Hospital in an injured condition. SIS.S. Rana (PW -16) reached Safdarjung Hospital at about 10:30 P.M. The deceased succumbed to the injuries at about 10:40 P.M. before he could be examined by the Investigating Officer (IO). Information regarding the death of Bharat Chetteri was recorded in the Police Station at 11:00 P.M. Inspector Mahender Singh, SHO Police Station Vasant Vihar proceeded to the spot at 11:10 P.M. for making inquiries into the incident. DD No. 39 -A (Ex.PW -5/C8) was recorded in the Police Station in this regard.