RANJEET RAUT Vs. STATE

JUDGEMENT

(1.) Vide this appeal under Sec. 374 (2) Cr.P.C, the appellant is assailing the judgment dtd. 1/10/2019 (-impugned judgment' in short) passed by Ld. ASJ-04, North District, Rohini Courts, Delhi, whereby the appellant was convicted for the offence punishable under Sec. 302 Indian Penal Code, 1860 (-IPC' in short), in new Sessions Case No. 57390/2016, in FIR no. 236/2014, Police Station K.N.Katju Marg ; and order on sentence dtd. 9/10/2019, whereby the appellant was sentenced to undergo rigorous imprisonment for life under Sec. 302 IPC with fine of Rs.25,000.00, in default to undergo simple imprisonment for three months.

(2.) Briefly stating, the case of the prosecution is that on 17/3/2014 information through Constable Pawan Dagar/PW-10 at PS K.N Katju Marg was received from BSA hospital regarding admission of one Vimal son of Ram Bilas, R/o A-62, Shahbad Daulatpur, Delhi in injured condition by his friend Rajesh/PW-2, which was recorded vide DD no. 6A/Ex PW 21/A. On receipt of the same, ASI Sanjay Kumar/PW-28 was deputed and reached BSA Hospital and found admitted, injured Vimal Paswan vide MLC No. 3530/14 Ex. PW-8/A. The injured was declared as unfit for statement. The eye witness Gunnu Kumar/PW-1 was found present at the hospital and got recorded his statement to the effect that he is working as JCB machine helper and is living on rent at House No. 62 Shahbad Daulatpur village. On 16/3/2014, injured Vimal Paswan from Azadpur and the appellant/accused Ranjit Raut from Nathupura visited his place to celebrate Holi. When all three of them were consuming liquor, suddenly the appellant/accused told <IMG>JUDGEMENT_191_LAWS(DLH)2_2023_1.JPG</IMG>

(3.) In order to prove its case, the prosecution examined 32 witnesses.