LAXMI NARAIN Vs. STATE OF DELHI

JUDGEMENT

(1.) This is an appeal by Laxmi Narain, accused/appellant, against the judgment and order of sentence dated September 19, 1983 and October 3, 1983 respectively as passed by Ms. Usha Mehra, AddI. Sessions Judge Delhi. The appellant has been convicted under Section 304 (Part-I) and Section 323 of the Indian Penal Code. He has been sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 3,000/under Section 304 (Part I) of the Indian Penal Code. In default of payment of fine the appellant was directed to undergo rigorous imprisonment for two years. The appellant has been further sentenced to undergo rigorous imprisonment for six months and a fine of Rs. 1,000/- and in default of payment of fine to undergo rigorous imprisonment for a period of three months under Section 323 of the Indian Penal Code. Laxmi Narain appellant and Lila Ram deceased were real brothers. The deceased Lila Ram used to live alongwith his family at E 584, Camp No.2, Nangloi, Delhi. Laxmi Narain appellant was living with his family in a nearby house. The prosecution case is that on September 4, 1982 at about 8.30 p.m. the appellant came to the house of his brother Lila Ram. Lila Ram along with his wife Mishri Devi (PW 1) and their children were sitting in the house. Laxmi Narain asked his bhabhi Mishri Devi to give him some vegetable curry. He was told that the vegetable curry had already been consumed and nothing could be given to him. On this Laxmi Narain abused Mishri Devi. Lila Ram, objected to that. On that Laxmi Narain slapped Lila Ram, who was the elder brother and gave him a fist blow. On hearing some noise coming from the house of Lila Ram, Sultan Singh PW 7, brother of Mishri Devi reached there. He also intervened and reprimanded Laxmi Narain for his abusing Mishri Devi and for assaulting his brother Lila Ram. This annoyed Laxmi Narain who went away from there stating that he would teach a lesson to Lila Ram. Soon thereafter Laxmi Narain came back to the house of Lila Ram armed with a lathi. He gave a lathi blow to Sultan Singh on his back. Thereafter he gave athi blows to Lila Ram, one on his head and another on his back. It is alleged that Laxmi Narain while giving lathi blows to Lila Ram said that he would finish Lila Ram and only then he would be satisfied. The occurrence was witnessed by Veena Kumari, daughter of Lila Ram, aged about 17-18 years and by a neighbour namely. Krishan Lal Krishan Lal took Lila Ram to Jai Prakash Narain Hospital at 1.30 oclock on the night between September 4/5, 1982. He was given medical aid there. The duty constable at the casualty of Jai Prakash Narain Hospital (for short JP HospitalT) reported to police station Nangloi about Lila Ram having been admitted all he JP Hospital with the history of having fallen from the roof of the house as was stated by Krisnan Lal. At this D.D. Entry No. 5-A was recorded at 1.5 a.m. SI Joginer Pal went to the hospital. The doctor attending on Lila Ram declared the patient as unfit for statement. He then went to the house of Lila Ram and recorded the statement of his wife Mishri Devi which is the F.I.R. of the case. In this Mishri Devi narrated the entire occurence. Lila Ram died on September 5, 1982 at 4.45 p.m. as a result of the head injury as sustained by him.

(2.) The appellant was arrested in this case on September 6, 1982. The appellant is alleged to have given a disclosure statement that he could get the lathi recovered from the thatched roof of his house. He then led the police party including two public witnesses to his-house and got recovered the lathi Ex. P1 having blood stains on it. The chemical examiner in his report Ex. PW2O/J has opined that the blood found on the lathi was humaD blood. He, however, could not give any opinion regarding group of the blood and the result in that regard was inconclusive.

(3.) The prosecution examined Mishri Devi (PW 1), Veena Kumar (PW2) and Sultan Singh (PW 7) who are the eyewitnesses of the occurrence. Lala Ram (PW 16) and Parbhati (PW 17) the witnesses of the disclosure statement and the recovery of the lathi Ex. P1 were also examined by the prosecution. The said three eye witnesses fully supported the prosecution version. Parbhati PW 17 also supported the prosecution regarding the disclosure statement and the recovery of the lathi Ex. P1 by the appellant from the thatched roof of this house. The witness Lala Ram, PW 16, however, did not support the prosecution version and was declared hostile and was cross-examined by the public prosecutor.