PRITAM SINGH Vs. STATE

JUDGEMENT

(1.) VIDE impugned judgment and order dated 15.7.2004, the appellant has been convicted for the offence punishable under Section 302 IPC. Vide order dated 15.7.2004 he has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/ - failing which to undergo simple imprisonment for 6 months.

(2.) THE undisputed facts of the case are that the appellant and the deceased reside in adjoining jhuggis in a slum abutting a railway line. On the intervening night of 29th and 30th June 2003 at around 11:30 P.M. a verbal altercation took place between the appellant and the deceased Krishna. The appellant pushed Krishna who lost balance inasmuch as when pushed, her body got displaced. While staggering, her foot landed on a stone resulting in Krishna falling; unfortunately on the railway track. To compound her misery, a goods train which was passing by hit her. She succumbed to her injuries at the spot.

(3.) THE witnesses to the incident were Narbad the husband of the deceased, examined as PW -1, and one Suraj examined as PW -7.