RAVI Vs. STATE

JUDGEMENT

(1.) Ravi and his mother Bimla, by the impugned judgment dated 4th September, 2010 stand convicted under Section 302 read with Section 34 of Indian Penal Code, 1860 (IPC, for short), for causing death of Rajesh son of Om Prakash. By order of sentence dated 7th September, 2010, they have been sentenced to undergo imprisonment for life and fined Rs.10,000/- each and in default to undergo imprisonment for a period of 3 years. The impugned judgment arises out of charge-sheet filed in FIR No. 303/2008, P.S. Subzi Mandi.

(2.) The impugned judgment acquits 7 others from the charge under Section 302 read with Sections 120B IPC and convicts them under Sections 323/506 read with Section 34 IPC. By the order on sentence dated 7th September, 2010, the said 7 accused were sentenced to the period undergone for the offence under Sections 323 read with Section 506 IPC. The State and the said accused have not preferred any appeal. Thus, in the present appeal, we are only concerned with conviction of the appellants Ravi and Bimla under Section 302 read with Section 34 IPC.

(3.) The fact that deceased Rajesh had died a homicidal death as a result of bullet injury on 30th October, 2008 stands proved from the MLC (Ex. PW30/A) of the Hindu Rao Hospital, Delhi. We shall be referring to the said MLC subsequently, but the factum that the said MLC, which record the name of the patient as unknown, pertains to the deceased is proved from the oral testimonies of the Investigating Officer, Inps. Virender Singh (PW30) and Rakesh Kumar (PW1) brother of the deceased Rajesh. Post mortem on the body of the deceased Rajesh was conducted by Dr. S. Lal (PW2), Specialist Forensic Medicine, Aruna Asaf Ali, Govt. Hospital, Mortuary, Subzi Mandi. He has deposed that the body had external injuries in form of reddish abrasion of 0.5 x 0.4 cm over left side forehead and multiple reddish abrasions in the area of 2 x 1.5 cm over bridge of nose and a fire arm entry wound of size 1.6 x 1.6 cm cavity deep present over the left side upper chest. The bullet was recovered from the soft tissue after it had entered the chest cavity and perforated the apical lobe of the left lung, the ascending aorta and then had entered right side of the chest cavity perforating the apical lobe of the right lung. The bullet had finally lodged itself in the soft tissue of the fourth inter coastal space. There was charring around wound indicating that the fire arm was fired close of the chest i.e. within the range of the flame of the fire arm and was probably a contact wound.