RAMAN Vs. STATE

JUDGEMENT

(1.) THIS appeal against conviction under Section 302 read with Section 34 of the Indian Penal Code, 1860 (IPC, for short) was filed by two brothers, Raman Kumar and Arun Kumar. By order dated 20th August, 2014, Arun Kumar was held to be a juvenile on the date of commission of offence and accordingly the benefit under Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000 was granted. The said order records that Arun Kumar had stated that he would not like to contest his conviction but the order of sentence may be set aside and quashed. The appeal, therefore, filed by Arun Kumar stands disposed of vide order dated 20th August, 2014. The present appeal filed by Raman Kumar survives and is being disposed of.

(2.) THIS appeal impugns the judgment dated 30th March, 1999 and order of sentence of the same date arising out of FIR No. 486/1997, Police Station Model Town, Delhi. As already noted above, the appellant stands convicted under Section 302 read with Section 34, IPC. By order on the point of sentence, the appellant -Raman Kumar has been sentenced to imprisonment for life and fine of Rs. 10,000/ -. Upon recovery of the fine, the same is to be paid to the legal heirs of the deceased, Ajay Kumar.

(3.) AJAY Kumar died at about 6 A.M. on 23rd June, 1997 and the said factum is proved by the Inquest report marked as Ex.PW -25/D and the letter requesting autopsy/post -mortem (Ex.PW -25/C) . The letter mentions the date and time of death as 22nd June, 1997 at 6 A.M. The date is a clerical/typographical error, should be read as 23rd June, 1997. The Inquest report (Ex.PW -25/D) mentions the date and hour of discovery of death as 7.10 A.M. on 23rd June, 1997. The aforesaid documents were proved in the testimony of Inspector P.C. Mann (PW -25) , the Investigating Officer.