SUBHASH GUPTA Vs. STATE

JUDGEMENT

(1.) Crl.M.B. No. 10652/2014

(2.) LEARNED counsel for the appellant states that the limited point which he needs to address is whether the act of the appellant constitutes the offence punishable under Section 302 IPC or 304 Part 1 IPC. Counsel states that everything turns on the testimony of the mother of the appellant, who is also the mother of the deceased Smt. Ram Dulari PW -1. Counsel states that if appeal itself could be heard today he does not press Crl.M.B. 10652/2014 whereunder the appellant seeks bail pending final hearing of the appeal. We have accordingly decided to hear arguments in the appeal today itself.

(3.) THE unfortunate day was July 15, 2008. It was past mid -night. At 1:07 in the dead of the night information was received at P.S. Shahdara and noted in DD No. 2A, Ex. PW -12/A by SI Sumer Singh PW -12, the duty officer at the Police Station, that near Sai Baba Mandir, Kabool Nagar, Shahdara, a quarrel was taking place.