STATE Vs. MUNNA SINGH

JUDGEMENT

(1.) BY the present appeal the State challenges the judgment dated January 27, 2011 of the learned Additional Sessions Judge whereby the respondent has been convicted for offence under Section 304 Part -II IPC though charged for offence punishable under Section 302 IPC.

(2.) THE incriminating evidence against the respondent which is not disputed even by the State is the statement of Raju PW -1 the father of the deceased Sonu who stated that Sonu was in the park till late night and did not come home and when he tried to search him he could not trace him. The neighbourer Inder Kumar PW -3 informed that he had seen Sonu with the respondent Munna Singh so he went to his house where they found Sonu lying in injured condition. Inder Kumar has corroborated the version of Raju about Sonu being seen by him with Munna which fact is further condition on the second floor i.e. the house of Munna. From the spot blood stained T -shirt, chappals of the deceased and blood stained earth were lifted.

(3.) DR .Manoj Dhingra PW -10 exhibited the post -mortem report Ex.PW - 10/A and noted the following injuries: