RAJBIR AND OTHERS Vs. STATE OF DELHI

JUDGEMENT

(1.) Aggrieved by the judgment of conviction dated 28.03.2001 passed by the learned Additional Sessions Judge, Delhi convicting the appellants for the offence punishable under Section 304 Part II read with Section 34 of Indian Penal Code (hereinafter referred to as I.P.C.), and order on sentence dated 31.07.2001, whereby the appellants have been sentenced to undergo rigorous imprisonment for a period of four years each and fine of Rs.3,000/- each and in default of payment of fine the appellants were directed to undergo simple imprisonment for a period of three months, the present appeal has been filed.

(2.) The factual matrix that emerges from the record is that on 24.03.1997, at about 2 PM, one Dil Bahadur alongwith Shri Hom Bahadur went to Sulabh Souchalaya near Fire Station for taking a bath after playing holi. The appellant ­ Hallu told Dhan Bahadur and Dil Bahadur to allow him to take bath upon which a quarrel took place between the appellants ­ Hallu and Satbir @ Billu on one side and Dil Bahadur and Dhan Bahadur on the other side. The appellants­ Hallu and Billu gave beatings. Thereafter, Dil Bahadur and Dhan Bahadur ran away from the spot and took refuge in Jhuggi of Hom Bahadur and narrated the incident of beating to him. Thereafter, Hom Bahadur alongwith Dil Bahadur, Dhand Bahadur and One Paramjit Thapa came to the spot where all the four accused persons were present. When Hom Bahadur started talking to the accused person, accused Rajbir Singh and Bhanwar caught hold of him and the appellants ­ Billu and Hallu started beating Hom Bahadur with kicks and fists blows on his chest and head. Paramjit Thapa tried to rescue Hom Bahadur but he was also given beatings by the appellants. Consequent to beatings extended by the appellants, Hom Bahadur fell unconscious and Dil Bahadur, Dhan Bahadur and Paramjit Thapa ran away from the spot. The injured Hom Bahadur was taken to AIIMS by the police, where he succumbed to the injuries. Thereafter, upon statement of the eye- witnesses PW-1 and PW-3, a case under Section 304 read with Section 34 of IPC was registered against the appellants.

(3.) Charge under Section 304/34 IPC was framed against the appellants. In support of its case, prosecution examined 18 witnesses. They are, Dhan Bahadur (PW-1), Paramjit Thapa (PW-2), Dil Bahadur (PW-3), Constable Arjun (PW-4), Head Constable Balwan Singh (PW-5), Head Constable Jaipal Singh (PW-6), Constable Mahesh Chand (PW-7), ASI Narender Kumar (PW-8), Hari Narain Jha (PW- 9), Constable Kawar Pal (PW-10), Constable Shyam Lal (PW-11), Constable Narmdeshwar (PW-12), Dr. Krishan Kumar (PW-13), Dr. Kalyan, Senior resident Surgery AIIMS (PW-14), Constable Rajbir (PW-15), Dr. Chander Kant (PW-16), Constable Om Prakash (PW- 17), and Sub-Inspector Barjender Singh (PW-18).