RAJU @ RAJINDER Vs. STATE OF DELHI

JUDGEMENT

(1.) THE appellants are aggrieved by the impugned judgment and order of sentence dated 19.01.2006 and 24.01.2006 respectively wherein the appellants Rajinder and Surender (brothers) had been convicted under Section 304 of the IPC and had been sentenced to undergo RI for a period of 4 years as also to pay a fine of Rs.25,000/ - each; in default of payment of fine, to undergo RI for a period of 1 year. Out of the total fine of Rs.50,000/ -, Rs.40,000/ - was to be paid as compensation to the heirs of the deceased. Fine amount has since been paid.

(2.) THE version of the prosecution was unfolded in the version of Ram Kumar (PW -7). He was an eye -witness and the brother -in -law of the victim. As per his version on 03.05.2002 at about 11:00 -11:30 pm, he saw the accused persons quarrelling with his brother -in -law Bhim Singh (deceased). Surender had caught hold of the deceased and Rajinder was beating him. PW -7 intervened and saved Bhim singh. Further version being that the deceased and accused used to consume liquor daily; they also used to play cards; they often used to quarrel. Still further version being that in the morning of 04.05.2002 at about 03:00 -

(3.) FURTHER case of the prosecution is that on 05.05.2002 at 12:05 pm, the deceased went to Lal Bahadur Shastri Hospital as he was complaining of abdominal pain and vomiting. His MLC (Ex.PW -1/A) of the Lal Bahadur Shastri Hospital on a naked examination noticed no further external injury; he was admitted in the hospital and thereafter at subsequent time i.e. at 02:00 pm and again at 07:20 pm, the patient was unfit for statement.