MOHD AMIR Vs. STATE

JUDGEMENT

(1.) The challenge in this appeal is to the judgement dated 1st September, 2011 vide which the appellant was convicted under Section 308 IPC and order on sentence dated 3rd September, 2011 vide which he was sentenced to undergo rigorous imprisonment for a period of two years in addition to payment of fine of Rs.2000/- in default to undergo simple imprisonment for three months in Sessions Case No.05/10 arising out of FIR 109/2009 u/s 307 IPC Police Station Kamla Market.

(2.) Prosecution case lies in a narrow compass. On 22nd August, 2009, Mohd. Arshim was flying kite when accused Amir raised objection regarding flying kite from his roof. He started abusing the injured and pushed him due to which Mohd. Arshim fell down from the roof. He was removed to hospital where his MLC was prepared. During the course of investigation, accused was arrested. After completion of investigation, charge sheet was submitted under Section 307 IPC.

(3.) Charge for offence under Section 307 IPC was framed against the accused to which he pleaded not guilty and claimed trial.