RAHUL Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) By the present appeal, Rahul challenges the impugned judgment dated 1st March, 2017 convicting him for the offence punishable under Section 304 Part-II IPC in FIR No. 274/2016 registered at PS Model Town and the order on sentence dated 6th March, 2017 directing him to undergo rigorous imprisonment for a period of five years.

(2.) Assailing the conviction, learned counsel for the appellant contends that as per the testimony of the various eye-witnesses, the deceased Arjun gave a kick blow to the appellant first which resulted in a quarrel therefore no mens rea has been established on part of the appellant. He further contends that Appellant was not the aggressor and only one blow has been attributed to the him which is not sufficient to cause multiple injuries. Reliance is placed upon the decision of the Delhi High Court reported as Mohd. Sharif v. State, 2011 1 JCC 529.

(3.) Learned APP for the State on the other hand contends that there are multiple injuries on the body of the deceased as per the MLC and the injuries have been opined to be sufficient to cause death in the ordinary course of nature.