ROHIT Vs. STATE

JUDGEMENT

(1.) CHALLENGE in this appeal is to a judgment dated 02.05.2012 in Sessions Case No.33/11 arising out of FIR No.38/11 registered at PS Prasad Nagar by which the appellant -Rohit was held guilty for committing offence under Section 304 (II) IPC. By an order dated 07.05.2012, he was awarded RI for seven years.

(2.) BIHARI Lal -appellant's father was found dead inside his house No.16/1644 E, Bapa Nagar, Karol Bagh, Delhi on 14.02.2011. Daily Diary (DD) No.36A was recorded at 10.06 p.m. at Police Station Prasad Nagar on getting information from PCR that an individual who used to consume liquor had died inside his house. The investigation was assigned to SI Manish who with Ct.Bhur Singh went to the spot. He spotted the dead body of Bihari Lal with numerous injuries on left arm and legs lying on the ground. Lot of blood had scattered at the spot. The crime team took the photographs of the crime scene and the dead body was sent for post -mortem examination to LNJP hospital. PW -2 (Dr.Jatin Bodwal) conducted post -mortem examination of the body and opined the cause of death as 'asphyxia as a result of manual strangulation'. The dead body was handed over to the relatives of the deceased. During investigation, it revealed that a quarrel had taken place between the deceased and the appellant on 14.02.2011. The Investigating Officer lodged First Information Report under Section 302 IPC on 18.02.2011. Statements of witnesses conversant with the facts were recorded. On 19.02.2011, Rohit was arrested and some recoveries were effected at his instance. After completion of investigation, a charge -sheet was filed against him under Section 302 IPC; he was duly charged; and brought to trial. The prosecution examined 12 witnesses to establish the guilt. In 313 statement, the appellant denied his involvement in the crime and took the plea that at about 05 -05.30 p.m. when he came along with his friend Rahul to take shoes in the house, his father who was under the influence of liquor started hurling abuses to him and his friend. He left the house along with his friend -Rahul. When he returned at about 0830 -9.00 p.m., he saw a crowd in front of his house. His sister -Rekha was also present there. When the door was opened, he saw his father lying in injured condition near the main door and he was bleeding from his leg. He called Dr.Jafar Alam, who on examination pronounced him dead. When he lifted the dead body to take his father to the hospital, the clothes which he was wearing at the time got blood -stained. He, however, did not examine any witness in defence. The trial resulted in his conviction under Section 304 (II) IPC.

(3.) THERE is no dispute that Bihari Lal met a homicidal death. Medical evidence is clear on this point. Crucial testimony in this regard is that of PW -2 ( Dr.Jatin Bodwal) who conducted post -mortem examination on the body of the deceased vide report (Ex.PW -2/A). In his opinion, the cause of death was 'asphyxia as a result of manual strangulation via injuries on the neck i.e. injury No.1 to 6. These injuries were sufficient to cause death in the ordinary course of nature and the manner of death was homicidal. Opinion given by the expert witness was not challenged in the cross -examination. Post -mortem examination report reveals that the victim suffered 13 injuries on various body organs/parts. Some injuries were inflicted by a sharp weapon and others were caused with blunt object. The death was a result of manual strangulation. All injuries were ante -mortem in nature, fresh in duration and were sufficient to cause death in the ordinary course of nature. About 15 minutes prior to the death, PW -1 (Rakesh Kumar Singhania) had seen the victim hale and hearty. Apparently, it was a case of culpable homicide.