DEVENDER MANN Vs. STATE

JUDGEMENT

(1.) Poonam A. Bamba, J . 1.0 Vide this appeal, the appellant is assailing the judgment dtd. 5/12/2018 ('impugned judgment' in short) passed by Ld. ASJ-03, New Delhi District, Patiala House Court, New Delhi, whereby the appellant was convicted for the offence punishable under Sec. 302 Indian Penal Code ('IPC' in short), in case FIR no. 340/2013, Police Station Delhi Cantt.; and order on sentence dtd. 24/12/2018, whereby the appellant was sentenced to undergo rigorous imprisonment for life under Sec. 302 IPC with fine of Rs.50,000.00, in default to undergo simple imprisonment for four months.

(2.) 0 Briefly stating, the prosecution case is that on 6/10/2013, on receipt of DD no. 7A, at 7:10 AM, regarding admission of Sajjan Kumar at Base Hospital vide MLC No. 686/13, PW-27 ASI Bharat along with Ct. Narender/PW-20 visited the said hospital. From the hospital, ASI Bharat/PW-27 informed PS Delhi Cantt., vide DD no. 17A/Ex.PW22/E, that injured Sajjan Kumar was admitted in ICU and the doctor declared him dead at 10:15 AM on 6/10/2013. On this information, Inspector Shankar Lal/PW-31 reached the hospital, where SHO and SI Mahesh had already arrived. The dead body of Sajjan Kumar was inspected and injury marks on the deceased's head and face and considerable bleeding from his nose, ears and mouth was noticed. The dead body was kept under the supervision of Ct. Narender/PW-20 in Base Hospital mortuary. Thereafter, Inspector Shankar Lal/PW-31 along with staff went to Unit 150, Infantry Battalion, TA Punjab, MOD Lines, Delhi Cantt., where barrack no. T-78 was inspected. Sepoy Ishwar Singh/PW-1, eye witness met there, who gave his statement,

(3.) 0 The prosecution in order to prove its case examined 33 witnesses in all.