DEV NARAIN PANDEY Vs. STATE DELHI ADM

JUDGEMENT

(1.) The appellant was convicted under section 304, part I, I.P.C. and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 4,000.00 and, in default of payment of fine, to undergo further rigorous imprisonment for 2 years. It was also ordered that out of the fine a sum of Rs. 3,000.00 be given to the family members of the deceased Mangal Singh Bedi. The judgment and order of sentence passed by the AddI. Sessions Judge are dated 31.3.1987. The appellant was an employee of Prakash Chand (P.W. 7) who was running a milk dairy In the name of Prakash Dairy in Vishnu Garden. There was a dispute between the appellant and Som Dutt in the afternoon of 13/10/1984. Som Dutt was an employee of Bali Ram Sharma (P.W. 8) who was running a Halwai Shop in front of Prakash Milk Dairy. The dispute arose out of the fact that the appellant went to Som Dutt for change of a five rupee note which Som Dutt was not having and on this the appellant abused him. Both complained to their respective employers. While the appellant complained that he was beaten by Som Dutt, Som Dutt complained that the appellant had abused him. Both the employers thought of settling the matter and for that purpose a meeting took place at about 8.00 p.m. the same day. Som Dutt the appellant, Mahesh Chander (P.W. 9) and one Dr. Mohindroo were also present. Mahesh Chander (P.W. 9) was also a neighbouring shopkeeper. While discussion was going on the deceased Mangal Singh Bedi, another neighbouring shopkeeper, came there and said that the dispute which had earlier taken place between Som Dutt and the appellant was due to the fault of the appellant. At this, the appellant objected as to why the deceased Bedi had come there and the appellant also abused the deceased. On this the deceased slapped the appellant on his face. Infuriated the appellant took a milk can called Panseri (Ex. P-1) and hit the same on the back of the deceased. The deceased fell down and the appellant again hit him with the Panseri on his forehead. The deceased started bleeding and was removed to the hospital. He died on 16.10.1984. Dr. L.T. Ramani (P.W. 16) who conducted the post-mortem examination of the body of the deceased Mangal Singh Bedi opined that the injuries were ante-mortem and were caused by blunt force impacts. He found the following injuries on the deceased: External injuries:

(2.) After the Investigations were complete, the challan was put in and in course of time, the appellant was committed to stand his trial in the Court of Sessions. He was charged as under; That you on 13/10/1984 at about 8.00 p.m. at shop No. P/IA. Vishnu Garden in front of Khiala Road, committed culpable homicide not amounting to murder of Mangal Singh Bedi by hitting him on his head by a Panseri meant for measuring the milk and thereby committed an offence punishable under section 304 I.P.C. and within the cognizance of this Court. And I hereby direct that you be tried by this Court for the aforesaid offence.

(3.) The appellant pleaded not guilty. In support of its case the prosecution examined as many as 19 witnesses. Out of these three were the eye-witnesses, namely, Prakash Chand (P.W. 7), Bali Ram Sharma (P.W. 8) and Mahesh Chander (P.W. 9), Except for minor variations here and there they fully supported the case of the prosecution.