SUBHASH Vs. STATE GOVT OF NCT OF DELHI

JUDGEMENT

(1.) The present appeal has been preferred by the appellant under Section 374 (2) of the Criminal Procedure Code, 1973 (Cr.P.C.) against the judgment and order dated 4th July, 2012 passed by learned Additional Sessions Judge-II, North-West, Rohini Courts, in Sessions Case No.98/11 emanating from FIR No.312/08 registered at Police Station Shalimar Bagh whereby the appellant was held guilty and convicted under Section 304 Part (I) & 323 of the Indian Penal Code (IPC) and vide order dated 7th July, 2012, the appellant was imposed the sentence of rigorous imprisonment for ten years along with fine of Rs.50,000/- and in default of payment of fine, further three months simple imprisonment for the offence punishable under Section 304 Part (I) of the IPC and further the appellant was sentenced for a period of one year for the offence punishable under Section 323 of the IPC.

(2.) A thumbnail sketch of the facts of the case is that on 5th June, 2008 at 10.00 p.m., a quarrel took place at CA Block Jhuggis, between the deceased Yashwant@Jaswant Meena and Pramod@Natu who used to run juice rehri. Pramod@Natu allegedly refused to give juice to the deceased Yashwant@Jaswant Meena and his friend Pradeep Kumar pursuant to which there arose a verbal altercation in which the victims tauntingly referred him as Bihari. At the time of verbal altercation between Natu and Yashwant@Jaswant Meena, one other person namely Subhash (appellant herein) who was also standing at the juice rehri, also joined and later on ran towards the Jhuggi cluster and called out his other associates who duly armed with dandas and wooden fatta, reached the spot after some time. Thereafter, the said persons started beating Yashwant@Jaswant Meena with dandas and wooden fatta and also gave leg and fist blows to Yashwant@Jaswant Meena. Mr.Pradeep Kumar further informed the Police that upon his intervention, the said boys also gave beatings to him which resulted in injuries to him. It transpires from the record that Yashwant@Jaswant Meena tried to run towards the side of the road to save himself but one of the assailants chased him and gave him a blow on his head with the help of a wooden fatta by which Jaswant Meena fell down on which the other assailant gave beatings to him by leg and fist blows.

(3.) Learned counsel for the petitioner has further submitted that the accused Subhash had stated in his statement that he was innocent and had no role to play in the alleged incident in any manner. He further submitted in his statement that he was a poor labourer and was residing along with his family in Jhuggi and was never involved in anti-social activities. He had further stated that police officials came to his house and forcibly took him to Police Station Shalimar Bagh where he was kept in wrongful confinement and was beaten up mercilessly much prior to 9th June, 2008 i.e. the alleged date of his apprehension. The accused had also stated that he was shown to various public persons there and many other persons were also kept in wrongful confinement besides him and they were also beaten up. According to the appellant, the police officials let him go after taking money and thereafter falsely implicated him in the present case.