STATE DELHI ADMINISTRATION Vs. JAGADAMBA PARSHAD

JUDGEMENT

(1.) The State had filed this appeal against even persons challenging their acquittal under Sections 304/325 read with Section 34 of the Indian Penal Code. The impugned Judgment is by an Additional Sessions Judge, Shahdara and is dated March 6, 1978. On August 10, 1978, leave to appeal against acquittal of Jagdamba only, who is respondent no. 2 in the Memo of parties, was granted.

(2.) Jagdamba Parshed and Radhika Parshad were tried for an offence punishable under Section 304 read with Section 34 of the Indian Penal Code. The prosecution case was that Radhika Parshad had caught hold of Brahm Dutt (since deceased) while Jagdamba Parshad, respondent herein had struck a phatta (wooden plank) blow on the head of Brahm Dutt. There were two witnesses to this occurrence; PW-I Ashok Kumar and PW-2 Radhey Shyam. In a nutshell, these two witnesses stated that the respondent herein an Radhika Parshad were giving abuses to Brahm Dutt and others and then Jagdamba Parshad inflicted the blow on the head of Brahm Dutt who got injured. This incident occurred at about 10 A.M. on 6th November, 1975.

(3.) Brahm Dutt Radhey Shyam an Ashok Kumar went to the Police Post Seemapuri and at their instance, DD Report no. 8 was recorded by PW-3 Constable Ram Singh. The Constable sent them to the General Hospital, Shahdara, for medical examination. Dr. R.C Sharma, who was produced as PW-6 examined the injured, incuding Brahm Dutt. The Medico- legal Certificate in respect of Brahm Dutt has been proved as PW-6/B. The only injury found has been described therein as :