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2015 Supreme(Del) 4215

S.P.GARG
Sant Ram – Appellant
Versus
State (NCT of Delhi) – Respondent


Advocates:
For the Appellant :Mr.Arun Sharma, Advocate.
For the Respondent: Mr. Amit Ahlawat, APP.

JUDGMENT :

S.P. Garg, J.

1. This appeal has been filed by the appellant–Sant Ram against a judgment dated 29.01.2007 of learned Addl. Sessions Judge in Sessions Case No. 107/05 arising out of FIR No. 23/05 PS I.P. Estate by which he was held guilty for committing offence under Section 325 IPC. By an order dated 12.02.2007 he was sentenced to undergo RI for three and a half years with fine Rs. 1,000/-.

2. Concisely stated, the case of the prosecution leading to the trial of the appellant for commission of offence under Section 304 IPC was that on 13.01.2005 at about 08.30 p.m. at Public Street, opposite Railway Office, Tilak Bridge, ITO, Delhi, he gave a violent push to the victim–Ganga, as a result of which, her head struck against the road and she sustained internal head injuries. She expired on 16.01.2005 in the hospital. Police machinery swung into action on receiving information about the occurrence vide Daily Diary (DD) No. 56B (Ex.PW-8/A) at 08.47 p.m. at PS I.P. Estate. The investigation was assigned to ASI Ram Niwas who with Const. Vikrant went to the spot. After recording statement of the complainant–Suraj (Ex.PW7/D), the Investigating Officer lodged First Information Report










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