SONU Vs. STATE

JUDGEMENT

(1.) THESE appeals are directed against the judgment dated 31st August 2013 passed by the learned Additional Sessions Judge ('ASJ') in Sessions Case Nos.10/12 convicting the Appellant Sunil for the offence under Section 304 (Part II) IPC and Appellants Sonu and Rampal for the offence under Section 325 IPC and the order on sentence dated 5th February, 2014, whereby Appellant Sunil was sentenced to undergo five years rigorous imprisonment ('RI') under Section 304 (Part -II) IPC coupled with fine of Rs.15,000/ -, in default of payment of find, he shall undergo six months simple imprisonment ('SI'). Further Appellant Sonu and Rampal were sentenced with three years RI under Section 325 IPC coupled with fine of Rs.10,000/ - each, in default of payment of which to undergo three months SI each. Out of the total fine amount of Rs. 35,000/ -, Rs.30,000/ - was to be given to the wife of deceased Sher Singh and remaining Rs.5,000/ - to the State.

(2.) ON 9th October, 2011 a DD entry No.44 A, was registered at Police Station ('PS') Adarsh Nagar about a person being attacked by 20/25 persons near Shiv Mandir, near Petrol Pump, Lal Bagh, Azadpur on which Investigating Officer (IO) Sunny (PW -17) reached the spot. He learnt that the injured Sher Singh was taken to BJRM Hospital, Jahangir Puri by the PCR van. On this he reached BJRM Hospital, where injured Sher Singh could not give any statement due to pain on that date. However, the next morning, i.e., on 10th October 2011, PW -17 recorded the statement (Ex.PW17/A) of the injured Sher Singh who stated that he was returning from his duty as a driver around 10 p.m. on 9th October, 2011 and when he reached near Lal Bagh Petrol Pump, A -1 along with his associates Sonu (A -2) and Ramphal (A -3) blocked his way stating 'tune mujhe bahut tang kiya hai, hum aaj tuje sabak sikha denge; and all of them gave him legs, fist and kick blows and beat him with dandas. Someone called the police and the PCR van shifted him to hospital.

(3.) INJURED Sher Singh was shifted to LNJP Hospital from BJRM Hospital. Initially an FIR was registered under Sections 323/341/34 IPC. On 17th October 2011, Sher Singh succumbed to his injuries and Sections 304/34 IPC were added. The post -mortem report of deceased Sher Singh Ex. PW12/A noticed that there were as many as 12 external injuries. It found effusion of blood present over right temporal occipital region on the scalp. The brain was found diffused with subdural haemorrhage present over right temporal occipital region and over the cerebellum. The cause of death was due to combined effects of cerebral damage and haemorrhage and shock consequent upon multiple injuries to the body. All injuries were ante -mortem and were possible to be caused in the manner as alleged.