RAM AVTAR Vs. STATE

JUDGEMENT

(1.) Aggrieved by the judgment of conviction dated 12.10.1999 passed by the learned Additional Sessions Judge, Delhi convicting the appellant for the offence punishable under Sec. 304 of Indian Penal Code (hereinafter referred to as I.P.C.), and order on sentence dated 14.10.1999, whereby the appellant has been sentenced to undergo rigorous imprisonment for a period of seven years and fine of Rs.2,000.00 and in default of payment of fine the appellant was directed to undergo simple imprisonment for a period of six months, the present appeal has been filed by the appellant.

(2.) The facts of this case are that the present case was registered on 19.09.1990, on the basis of the statement made by one Ram Singh (PW-12), who had stated that the victim Raju (now deceased) was sitting with him in the factory at Vijay Park. In the meanwhile, the appellant - Ram Avtar came and Raju demanded his money back but the appellant uttered that he will give the money from his house. Thereafter, Raju went to his house at Chhajupur, Shahdara. It was further stated by the complainant that he was standing near Shiv Mandir and Raju went to the house of the appellant. After 10/15 minutes at about 8.30 PM Raju and Ram Avtar came over 100'road, Near Shiv Mandir, where Raju gave abuses to Ram Avtar, on which the appellant Ram Avtar became angry and picked up a stone from nearby and gave a blow with that stone on the forehead of Raju due to which blood oozed out from his forehead. Thereafter, Ram Singh and Ram Avtar took Raju to the house of his brother Amar Singh at Bihari Colony in a rickshaw, from where Raju was taken to the Nursing Home near Swarn Cinema. The doctor at the Nursing Home advised them to take Raju to a Government Hospital. Thereafter, the victim was taken to GTB Hospital, where he was declared dead by the doctors.

(3.) The case was registered under Sec. 304 Penal Code and tried in the court of Sesisons. Charge was framed under Sec. 304 Penal Code to which the appellant pleaded not guilty.