SOM NATH Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order on sentence dated 15.4.2013 and 25.4.2015 respectively wherein the appellant stands convicted under Sec. 304 Part II of the IPC. He has been sentenced to undergo RI for a period of 7 years and to pay a fine of Rs. 10,000/ - in default of payment of fine to undergo SI for 6 months.

(2.) Nominal roll of the appellant reflects that as on date he has completed incarceration of about 5 years and 7 months which includes the remissions earned by him. His jail conduct has been satisfactory.

(3.) This is an unfortunate case where the appellant/accused is the son of the victim. The version of the prosecution is that he had battered his mother to death. The prosecution in support of its case has examined 24 witnesses. F.I.R. was registered on the statement of Surjeet Kaur (PW -2). She is the daughter of the victim and the sister of the appellant. She had disclosed that her mother Amar Devi was residing along with her son (appellant) at house No. C -838, Mangol Puri, Delhi. On 03.2.2011 at about 8.45 a.m. her daughter Reeta (PW -11) received information from her mausi Pushpa (PW -12) that Amar Devi was not well. PW -2 reached the house of her mother. She was informed by a neighbor that the appellant had given beatings to their mother. There were injury marks on her face, ear and neck and her mother was crying in pain. Her condition appeared to be very serious. She was unable to speak and she pointed fingers towards the appellant by gesture indicating that he had beaten her. The appellant had beaten his mother on the issue of the house as he wanted her to sell the house. PW -2 took her mother to the hospital where she was declared dead. F.I.R. was registered against the appellant under Sec. 302 of the IPC. He was subsequently convicted under Sec. 304 Part II of the IPC. Apart from PW -2 her sister Pushpa (PW -12) was also examined. Reeta, the daughter of PW -2, was also examined as PW -11. She has supported the version of her mother. She stated that she received information from PW -12 that her Naani was in a serious condition. On reaching the house of her Naani she found her Naani lying in a cot and she was having injury marks on her face, throat and ear. She hardly appeared to be in a position to talk. Tears were rolling down her eyes. She gestured that she had been given beatings by the appellant. Statement of another member of the family, Rahul (son of PW -12) was also recorded; he was examined as PW -5. He also deposed that he had received information from their house maid Meena (PW -1) that their Naani was in a critical condition. The house maid (PW -1) also deposed on the same lines. She deposed that when she reached her work place at about 7.30 -8.00 p.m. she saw that the victim Amar Devi was weeping and she told her that she had been given beatings by the appellant. Apart from these witnesses neighbour Kashmiri Devi (PW -8) has also been examined. She stated that on hearing the noise of crying from the house of Amar Devi she reached there and saw injury marks on the face of Amar Devi. She admitted that after consuming liquor appellant used to quarrel with his mother and often used to beat her. She further stated that 3 -4 days earlier similar kind of incident had also occurred in the house of Amar Devi. Another neighbor Harbans Lal (PW -9) was also examined. He also deposed on the same lines as that of PW -8. Apart from the witnesses of the prosecution the medical evidence which included the post mortem report Ex. PW -13/A and Ex. PW -13/B reflects seven external injuries besides various internal injuries. The MLC of the victim was prepared by Dr. Vikas Aggarwal (PW -17). The victim had been admitted in an emergent condition; she was referred to Medicine Department by Dr. Lakhwinder Kaur, CMO of SGM Hospital. PW -17 stated that the victim was unfit for statement. She was brought to the hospital by her daughter (PW -2). The victim was declared dead at about 7.15 p.m. on 03.02.2011. The cause of death was opined to be combined effect of craniocerebral damage and asphyxia consequent upon blunt force impact over head and neck.