RAMVEER Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 8 th February, 2006 and Order on Sentence dated 13th February, 2006 whereby the appellant was convicted under section 304 Part I IPC and was sentenced to undergo RI for 10 years and to fine of Rs. 1000/- or to undergo SI for two months in default. The case of the prosecution, as set out in the FIR is that the appellant Ramveer took the deceased Chander Pal with him on 3rd October, 2003 on the pretext of talking to him. While they were on the street, an altercation took place between the appellant and deceased Chander Pal. The cause of the altercation was the allegation of the appellant that the deceased was responsible for the wife of the appellant running away from the house. This is the case of the prosecution that during altercation the appellant pushed the deceased on the heap of 'rodi' lying at the spot as a result of which he fell down. Thereafter, the appellant started hitting him with a 'fatta' lying on the spot and caused 3 injuries to him, as a result of which he became unconscious and was declared brought dead, when taken to the hospital.

(2.) THE prosecution examined 22 witnesses in support of its case whereas the two witnesses were examined in defence.

(3.) THE complainant Smt. Kalpana Devi wife of the deceased Chander Pal came in the witness box as PW-1 and staged that about 3-4 days before Diwali the appellant had lunch in their house. The appellant wanted her husband to come for searching a job to which the deceased refused and thereupon the appellant took him forcibly and caught hold of his hand. Some construction work was going on near their house. The appellant took up a wooden plank 'fatta' and gave 2-3 blows on the head of her husband who fell down on the ground and became unconscious.