RANJIT SINGH Vs. STATE

JUDGEMENT

(1.) Criminal Revision Petition 117/2001 is directed against the order dated 13.11.2000 of the Additional Sessions Judge, New Delhi in Sessions Case No.11/1988, whereby the learned Judge has returned a finding that the guilt of A2 and A3 (respondent nos.2 and 3 herein), for offence under Section 304 (Part I) r/w Section 34 IPC has been brought home and A2 and A3 are held guilty under Section 304 (1) IPC. The guilt of all other accused persons for remaining charges has not been proved, thus they are acquitted.

(2.) The prosecution's case as noted down by the Additional Sessions Judge is as follows:-

(3.) It is contended by counsel for the petitioner that he is aggrieved of the judgment and order of the trial court, inasmuch as the offence that has been committed should have been under Section 302 and not under Section 304 (Part I). He draws my attention to the statement of PW-4, Sukhbir, where PW-4 is stated to have said that the deceased had fallen on the ground and was assaulted and given injuries while he was on the ground. This, counsel claims, clearly shows the intention of the accused to cause death to the deceased.