PRADEEP KUMAR Vs. STATE

JUDGEMENT

(1.) PRADEEP Kumar (the appellant) impugns a judgment dated 17.08.2011 of learned Addl. Sessions Judge in Sessions Case No. 32/2011 arising out of FIR No. 327/2010 PS Timarpur by which he was held guilty under Sections 452/341/304 part -II IPC. By an order dated 24.08.2011, he was awarded RI for four years with fine Rs. 5,000/ - under Section 452 IPC; SI for fifteen days under Section 341 IPC; and, RI for seven years with fine Rs. 50,000/ - under Section 304 part -II IPC. All the substantive sentences were to operate concurrently.

(2.) SHORN of details, the prosecution case as reflected in the charge -sheet was that on 14.12.2010 at about 08.00 P.M., in gali No.16, Shiv Mandir, Wazirabad, the appellant wrongfully restrained Ram Balak Yadav and Deepak Yadav in the gali. Soon thereafter, he gave severe beatings to Deepak Yadav in his house which resulted in his death. The police machinery was set in motion when information about the incident as recorded in PCR form (Ex.PW -2/A) was conveyed to the Police Control Room at 20:45:14 hours. The victim was taken to Sushruta Trauma Centre and was medically examined by MLC (Ex.PW -4/A). He succumbed to the injuries on 30.12.2010 in the Trauma Centre. Postmortem examination on the body was conducted. The Investigating Officer lodged First Information Report after recording complainant - Ram Balak Yadav 's statement (Ex.PW -6/A) on 15.12.2010. Statements of the witnesses conversant with the facts were recorded. On 04.01.2011, the appellant surrendered in the Court and was arrested. After completion of investigation, a charge -sheet was submitted against the accused; he was duly charged and brought to trial. The prosecution examined nineteen witnesses to prove his guilt. In 313 statement, he abjured his guilt and claimed to be tried. The defence chose not to adduce any evidence. The trial resulted in his conviction as aforesaid. Being aggrieved and dissatisfied, he has preferred the appeal.

(3.) PW -1 (Veer Sain), landlord, though did not support the prosecution in entirety and resiled from the previous statement (mark 'A ') nevertheless, deposed that Ram Balak Yadav and his nephew Deepak (since dead) lived on the ground floor of House No. 240, Gali No.16, Shiv Mandir, Wazirabad as tenants. He also deposed that incident occurred in the presence of Ram Balak Yadav. Someone called the PCR and took the victim to the hospital. His son Raj Kamal also accompanied them. The testimony goes to prove the relationship of landlord and tenant between PW -1 (Veer Sain) and Ram Balak Yadav, and also confirms Ram Balak Yadav 's presence at the spot. Mere non -execution of rent -note or tenancy agreement is not a vital factor to doubt / suspect this relationship.