VIJINDER SINGH Vs. STATE

JUDGEMENT

(1.) SHRI O. P. Dwivedi, Additional Sessions Judge, Delhi found the appellant guilty under section 302 Indian Penal Code and sentenced him to undergo R.I. for life. The present appeal has been preferred against this order.

(2.) THE accused appellant came to be prosecuted before the learned Judge for having caused the death of one Jagdish by inflicting injury on the upper part of the front neck just above the thyroid cartilage of the deceased at about 4.45 A.M. on 2nd July 1979 while the deceased Jagdish was sleeping in the lane in front of house No. E -340 J.J. Colony, Shakurpur. This house belongs to his brother -in -law Prem Kishan Kaushik (P.W. 7) who along with his friend Ram Narain (P.W. 9) was sleeping on the terrace of the house and they were awakened by the cry of deceased, in the nature "Hai Mar Gaya". The wife of P. W. 7 Prem Kishan Kaushik together with her children and wife and children of Ram Narain were allegedly sleeping in the courtyard of the house. It is said that P.W. 7 Prem Kishan Kaushik together with Ram Naiain P.W. 9 and Jagdish deceased etc. had gone to attend a marriage party and since they had returned between 10 to 11 P.M. in the night, Ram Narain P.W. 9 together with his wife and children were sleeping in the same house.

(3.) THE postmortem of the dead body was conducted by Dr. L.T. Ramani on 3rd July 1979. The following injuries were noticed by him on the person of the deceased: 1. An abrasion 1/2 x 1/2  on the under surface of chin. 2. One stitched wound 3 cm long running transversely on the upper part of the front of neck just about the thyroid cartilage. The right end of the wound was directed outward and downward. 3. An abrasion 3.5 cm x 0.5 cm was joining injury No.2 at the middle and was vertically placed about the wound. Marginals were slopping. 4. One tracheotomy wound (Partly stitched) operationl on the front of neck, lower part.