MANISH Vs. STATE

JUDGEMENT

(1.) Manish(appellant) stands convicted for murder of Appu Kumar under Section 304 Part-II with the aid of Section 34 of the Indian Penal Code (for short "IPC") and has been sentenced to undergo Rigorous Imprisonment for five years, fine of Rs.2,000/- and in default of payment of fine, Rigorous Imprisonment for a period of two months, by the judgment and order of conviction dated 31.5.2006/2.6.2006 passed by Additional Sessions Judge, Delhi in connection with F.I.R. No.206/2003 (P.S. D.B.G. Road); Sessions Case No.104/2005.

(2.) Virender Kumar (PW-1), who is the brother of deceased, has alleged that his brother Appu Kumar did not come home till about 11:50 p.m. on 8.7.2003. In the mid night, he heard the cry of his brother in the street. On coming out, he saw that Deepak and Rohit who were his neighbours, had caught hold of his brother and were abusing him. Manish (appellant) was assaulting his brother by means of legs and fists. When Virender Kumar (PW-1) went to the rescue of his brother, the accused persons including the appellant gave a push to his brother. His brother fell down on a wooden cart and was injured in his head. Miscreant ran away from the spot.

(3.) Virender Kumar (PW-1) has further stated that he brought his brother to RML Hospital, where the Doctor declared him "brought dead". The police had come to the place of occurrence where he gave his statement (Ex.PW-1/A). PW-1 identified the dead body of his brother and also received the body of his brother after post mortem examination.