The main legal point established is that a single blow resulting in an injury sufficient to cause death in the ordinary course of nature constitutes murder under Section 300 IPC, but the court has the discretion to consider converting the conviction to a lesser offense under Section 304 IPC based on the specific circumstances.

Sanjiv Khanna, J.

1. Daya Nand Giri impugns the judgment dated 21st August, 1999 in Sessions Case No.11/1998 arising out of charge sheet filed in FIR No.187/1998, Police Station Mehrauli, convicting him under Section 302 of the Indian Penal Code, 1860 (IPC, for short) for having committed murder of his co-security guard Hari Om in the intervening night between 8th and 9th April, 1998 at J.S. Farms, village Dera, Mehrauli, Delhi. The appellant has also challenged the order on sentence dated 23rd August, 1999 by which he has been sentenced to undergo imprisonment for life, fine of Rs.5,000/-, and in default of payment of fine, to undergo rigorous imprisonment for two years. Benefit of Section 428 of the Code of Criminal Procedure, 1973 (Cr. P.C. for short) has been granted.

2. The appellant has challenged his conviction on merits and in the alternative that the offence should be converted to one under Section 304, Part I or Part II of the IPC. We would first examine the contention whether there is sufficient evidence to establish that the appellant Daya Nand Giri was the perpetrator who was responsible for the homicidal death of Hari Om. The factum that Hari Om had died a homicidal death is not in dispute. This aspect has been also examined while answering the question raised above.

3. On the question that the deceased Hari Om was a co-security guard deployed at the J.S. Farms, village Dera at the date and time of occurrence along with the appellant, we have evidence in the form of testimonies of two brothers; Abrar Ahmed (PW-1) and Asrar Ahmed (PW-7), who were working as gardeners at the said farm, and Rajeev Chadha (PW-6), Staff Officer Marwell Security International. They have deposed affirming the said factual position.

4. Abrar Ahmed (PW-1) and Asrar Ahmed (PW-7) have also deposed that in the morning of 9th April, 1998, dead body of Hari Om was found lying in the security-guard room and the appellant-Daya Nand Giri and his minor sister, who were residing in the same room, were missing and had absconded. Rajeev Chadha (PW-6) has stated that at about 8.30 A.M. on 9th April, 1998, he was informed on telephone that a security guard had been murdered but the caller did not tell him the name of the victim. On being cross-examined by the Additional Public Prosecutor, he reiterated his stand, but accepted that he had furnished the permanent address of the appellant-Daya Nand Giri. On the question of abscondence and the fact that the appellant was missing, Abrar Ahmed (PW-1) and Asrar Ahmed (PW-7) have been forthright and categorical. Abrar Ahmed (PW-1) had also made a statement, Exhibit PW-1/A, which was signed by him and became the substratum of the FIR in question. The versions given by Abrar Ahmed (PW-1) and Asrar Ahmed (PW-7) get affirmed from the statement of Head Constable Satbir (PW-2), who had recorded DD No. 6/A (Exhibit PW-2/A) on intimation given on telephone that a security guard had been murdered by another security guard at J.S. Farm, village Dera. PW-2 on directions of the SHO had proceeded to the spot and at 11.40 A.M., Constable Vinod Kumar (PW-15) had brought the rukka on the basis of which FIR (Exhibit PW-2/C) was recorded. Similar is the statement of SI Hari Singh (PW-4), who was posted as the duty officer in Police Station, Mehrauli and had visited the farm and, thereafter, written the application (Exhibit PW-4/A) for conducting post-mortem. Gokul Kumar (PW-5) has stated that he had received a call from Sanjeev Lamba at about 9 A.M. on 9th April, 1998 that at his (Sanjeev Lamba’s) farm, a murder had taken place and a person had run away. The site plan of the place was prepared by Madan Lal, Draughtsman (PW-8), who had proved the scaled site plan (Exhibit PW-8/A). Constable Gurmeet Singh (PW-9) affirmed that he had visited the J.S. Farm along with SI Hari Singh and had seen the dead body of Hari Om at the spot. The dead body was sent for post-mortem to the All India Institute of Medical Sciences (AIIMS) an