YOGESHWAR @ BABLOO Vs. STATE

JUDGEMENT

(1.) The present appeal has been preferred by appellantYogeshwar @ Babloo against the judgment and order on sentence dated 26.02.2011 in Sessions Case No.91/2009 of the learned Additional Sessions Judge by which he was convicted for committing offence punishable under Section 302 IPC and sentenced to undergo imprisonment for life with a fine of Rs.5,000/-.

(2.) Criminal law was set in motion at around 11:08 P.M. on 11.08.2009 when DD Entry No.38/A was recorded by ASI Suresh Chand at PS Anand Parbat to the effect that a quarrel was going on near Ramjas Park, Baljeet Nagar, Punjabi Basti and an individual was injured in the said quarrel.

(3.) The investigation was assigned to ASI Suresh Chand who, with constable Surender reached the spot and was informed that the injured had already been taken to RML hospital. He (ASI Suresh Chand) obtained the MLC of Lakhan (since declared dead) at the hospital. Pradeep Sharma (PW-9), the deceased s brother made statement Ex.PW9/A to the police and informed that accused-Yogeshwar had come at Lakhan s house at about 8:00 P.M and a quarrel took place between the two there. The accused inflicted injuries on the head and thigh with an iron rod on Lakhan and he succumbed to the injuries.