YASHVIR SINGH Vs. STATE (DELHI)

JUDGEMENT

(1.) The appellant was sent up for trial upon conclusion of investigation into first information report (FIR) no.512/98 of police station Sultan Puri under Section 304 of the Indian Penal Code (IPC) by report under Section 173 of the Code of the Criminal Procedure, 1973, presented in the court of the Metropolitan Magistrate on 05.11.1998. The case having been committed, he was brought before the court of Sessions (in sessions case no.132/98) and put on trial on the charge for offence punishable under Sections 304 Part-II and 308 of Indian Penal code, 1860 (IPC), the gravamen thereof being that, on 08.08.1998 at about 5.30 p.m., at his land near Railway Line, Hind Vihar, Prem Nagar-III, Delhi, within the jurisdiction of police station Sultan Puri, he had brought about the death of child named Dharamvir and injuries to another child named Chhotu by committing acts and in the circumstances which rendered it to be a case of culpable homicide not amounting to murder in respect of former (deceased Dharamvir) and an attempt to commit culpable homicide not amounting to murder in respect of the latter (victim Chhotu). It may be mentioned here itself that the injuries which were suffered by the two victims, and as a consequence of which one of them (Dharamvir) died, were sustained on account of electrocution.

(2.) On the basis of evidence presented by the prosecution, the Additional Sessions Judge, by his judgment dated 13.07.2001, found the appellant guilty on the first charge also finding him guilty of having caused hurt by electrocution to Chhotu, treating it as a case of offence punishable under Section 324 IPC. By order dated 20.07.2001, the appellant was awarded rigorous imprisonment for five years with fine of Rs. 2,000/- on the first count and rigorous imprisonment for one year with fine of Rs. 500/- on the second count.

(3.) The appeal at hand was presented to assail the judgment of conviction and the order of sentence.