SAGIR ALIAS SAQIR Vs. STATE GOVT OF NCT

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment dated 02.08.2010 and order on sentence dated 04.08.2010 whereby the appellant was convicted for offence under Sections 304 of Indian Penal Code, 1860 ("IPC" for short) in Sessions Case No. 30/09 arising out of FIR No.240/08 Police Station Daryaganj for culpable homicide not amounting to murder of deceased Rakesh and sentenced to undergo rigorous imprisonment for a period of ten years and fine of Rs.5,000/ -. In default of payment of fine, the appellant was to undergo rigorous imprisonment for a period of six months.

(2.) PROSECUTION case emanates from the fact that on 19.09.2008 at about 11.30 pm, complainant ­ Nasir was present along with his friends Mohd. Shakeel and Mohd. Rehan near the parking gate in front of Delite Cinema. The three of them were sitting in a TSR and chatting with each other when one Iqbal, who was known to Nasir, came running towards them and informed that one person was fiercely beating another man near the parking gate. Thereafter, all three of them accompanied by Iqbal went towards the place of incident and saw the accused hitting on the head of another man with a stone. On seeing the complainant and his friends approaching him, accused fled from the spot. The complainant called the police from his mobile and informed about the incident. A police gypsy came and took the injured to the hospital, who later on succumbed to his injuries. Meanwhile, the complainant along with his friends went in the direction where the accused had fled and apprehended him near the MTNL building. Thereafter, the complainant again called up the police and informed them about the apprehension of the accused. The police came and arrested the accused. A blood stained stone with which the accused allegedly hit the deceased was seized and sealed at the spot. Statement of Mohd. Nisar was recorded which culminated in registration of an FIR under Section 308 IPC. On 20.09.2008, the injured Rakesh succumbed to his injuries, as such the case was converted to Section 304 IPC. After completing investigation, charge -sheet was submitted against accused.

(3.) CHARGE for offence under Section 304 IPC was framed against the accused to which he pleaded not guilty and claimed trial.