LAWS(DLH)-2019-2-229

STATE (GOVT OF NCT OF DELHI) Vs. NITIN

Decided On February 21, 2019
State (Govt Of Nct Of Delhi) Appellant
V/S
NITIN Respondents

JUDGEMENT

(1.) Petitioner impugns discharge order dated 31.03.2016 whereby the respondent, Nitin has been discharged of all the offences i.e. Sections 304/323 Indian Penal Code, 1860.

(2.) Subject FIR was registered on the complaint of one Naresh Kumar alleging that there was a dispute between his family and the family of other accused, consequent to an altercation which took place and thereafter his father was assaulted. It is alleged that his father was suffering from a heart ailment and had undergone angioplasty and accused knew about his heart condition and knowing the same assaulted his father which led to his death.

(3.) The complainant as well as other family members, immediately after the incident gave vivid description of the incident and also named all the persons who were alleged to be involved in the alleged offence and their names are mentioned in the FIR.