KISHORE SINGH Vs. STATE

JUDGEMENT

(1.) The present appeal is directed against the judgment and order of conviction and sentence passed by the Additional Sessions Judge, Delhi in Sessions Case No.44/92. By the aforesaid judgment and order, the appellant herein has been convicted for the offence punishable under Section 304 Part-I IPC and he has been sentenced to undergo a period of ten years imprisonment and to pay a fine of Rs.3,000/- and in default of payment of fine to undergo simple imprisonment for a further period of six months.

(2.) In order to appreciate the contentions raised in this appeal by the appellant, which were advocated by his counsel appearing before me, it would be necessary to set out brief facts which resulted in the institution of the criminal proceeding against the appellant. The appellant Kishore Singh was employed as a driver by M/s.Rajiv Road Carriers and he used to drive their petrol tanker. M/s.Rajiv Road Carriers had their office at Industrial Area, Phase-II, Mangolpui, Delhi wherein deceased Prakash was working as an Accountant (munim) with M/s. Rajiv Road Carriers. It is alleged that on 5.4.1990 accused Kishore Singh went to the aforesaid office of M/s.Rajiv Road Carriers around 9.30 P.M where Surinder Kumar (PW3) and Jaswant Singh (PW5) were also present. It seems that there was some dispute with regard to payment to be made to the appellant and, therefore, the appellant asked the deceased Prakash to clear his account on which deceased Prakash brought an accusation against him that he had sold petrol from the tanker of the company, which fact would be reported to the owner. As allegations were brought in, there was heated arguments between the accused and the deceased Prakash and they started grappling with each other, during the course of which the appellant picked up a wooden arm of the cot (bahi) with which he gave 2 or 3 blows on the head of deceased Prakash, who started bleeding. Surinder Kumar and Jaswant Singh , who were allegedly present at that time, tried to contact the police on telephone but the said telephone was out of order due to which Jaswant Singh went out and reported the matter to police officials posted at PCR van whereupon injured Prakash was removed to DDU hospital in the police van. Ultimately, injured Prakash succumbed to his injuries and died on 10.4.90 in the hospital. The accused/appellant had also suffered injuries and he was also removed to the hospital by the same PCR van, which had taken deceased Prakash to the hospital.

(3.) Duty Constable posted at DDU hospital informed Police Station Mangolpuri on telephone about the admission of Prakash and accused Kishore Singh in the hospital. Said information was recorded in DD No.32A (Ex.PW8/A) which was handed over to S.I. Munshi Ram (PW8) for enquiry. The said S.I Munshi Ram is the Investigating Officer in the present case, who conducted the investigation and on completion of the enquiry, a chargesheet was submitted by the police. On the basis of the aforesaid chargesheet, the appellant was charged for the offence under Section 304 IPC to which appellant pleaded not guilty and claimed to be tried. Accordingly, trial was held, during the course of which the prosecution examined ten witnesses including two alleged eye-witnesses, namely, Surinder Kumar and Jastwant Singh (PW3 & PW5 respectively). The defence examined no witness.