SUNDER SINGH Vs. STATE (GOVT. OF NCT)

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment dated 3rd June 2014 passed by the learned Additional Sessions Judge ("ASJ") in Session Case No. 18 of 2011 arising out of FIR No. 304 of 2010 registered at Police Station ("PS") Geeta Colony, Delhi convicting the Appellants, Sunder Singh and Vinod, for the offence under Sections 304 (Part -II), 323 and 34 Indian Penal Code, 1860 ("IPC") and the order on sentence dated 7th June 2014 whereby both of them were sentenced to undergo rigorous imprisonment ("RI") of five years with fine of Rs.10,000 each and in default, to undergo six months? SI for the offence under Section 304 (Part -II)/34 IPC and for the offence under Section 323/34 IPC both of them were sentenced to undergo six months' RI. Both the sentenced were directed to run concurrently. It was also directed that the fine amount, if realized, was to be paid as compensation to the kin of the deceased.

(2.) THE case of the prosecution is that DD entry No. 4A was recorded at 0010 hours on 13th November 2010 to the effect that in the jhuggis near a school at A -43, Rani Garden a quarrel was going on. On receipt of the said information Head Constable (HC) Ishwar Singh (PW -13) and Constable Deepak (PW -14) reached the spot, where they were met by Sub Inspector ("SI") R.N. Pathak (PW -19), all of whom were attached to PS Geeta Colony. The spot was described as Ambedkar Park, Rani Garden near Banta Ki Factory. Upon enquiry, they were informed that Raju, the deceased had been taken to Dr. Hedgewar Hospital by his brother, Sanjay (PW -9). Leaving PW -14 at the spot, PW -13 and PW -19 proceeded to the said hospital where PW -19 collected the MLC of Raju (Ex.PW -18/A) which showed that Raju had been brought by his brother Sanjay (PW -9) at the hospital at 12.25 am on 13th November 2010 with the alleged history of assault. The injury was described as "lacerated wound about 4 cm x.5 cm over right tempero parietal region". Thereafter at 2.20 am on the same date, the doctor stated on the MLC that the deceased Raju was unfit for statement.

(3.) IN his evidence, PW -19 stated that he went to the Swamy Dayanand Hospital ("SDN") where he collected the MLCs of Dhanpal (Ex.PW -7/B) and Monu (Ex.PW -7/A). Both MLCs stated that the injuries suffered by them were simple.