SANT RAM Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This application has been made under Section 389 Cr.P.C for suspension of sentence by the appellant, who has been convicted under Section 325 IPC and sentenced to undergo three and half years of imprisonment.

(2.) The facts relevant for deciding this application are that appellant went to the house of deceased to demand back a loan amount given by him to the husband of deceased. The loan was not paid back and some altercations took place between them inside the house. Thereafter, appellant came out and husband of deceased also came out and outside the house both picked up a quarrel. While husband of deceased and accused were quarreling, it is alleged that she intervened and tried to separate them and at that time she was pushed by the accused. The push it is alleged was given with such a force that she fell down and became unconscious. She died in the hospital after two days of the incident. Initially a case under Section 308 IPC was registered and after it was converted into a case under Section 304 IPC.

(3.) Considering the entire circumstances and testimony the Trial Court convicted the accused under Section 325 IPC of causing blunt injury to the deceased.