Honble PASAYAT, J.–Appellant faced trial for alleged commission of offence punishable u/Sec. 302 & 307 of the Indian Penal Code, 1960 (for Short `IPC). Learned Additional Sessions Judge, Delhi found him guilty of the aforesaid offences and sentenced him to undergo to imprisonment for life and fine of Rs. 300/-, and for two years imprisonment and a fine of Rs. 200/- respectively for the aforesaid offences. the matter was carried in appeal before the Delhi High Court. By the impugned judgment the High Court held that the case was not one covered by Sec. 302 IPC, but Sec. 304 Part I IPC was attracted. Similarly, instead of Sec. 307 it was held that Sec. 308 IPC was appropriate. Sentence of 10 years and 2 years respectively were awarded.

(2). Prosecution version as unfolded during trial is as follows:

(3). Appellant was attached to Mangat Ram, a Municipal Councillor and Chairman, Works Committee of the municipality as a Personal Security Officer. On 14.6.1989 there was an altercation followed by scuffle between the accused-appellant and one Devender Singh (hereinafter referred to as `the deceased). On the date of occurrence, deceased had parked his three-wheeler scooter opposite the gate

Click Here to Read the rest of this document