CRL.A. 547/2017

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL.A. 547/2017

RAHUL

..... Appellant

Represented by:

Mr.Sumant

De

and

Mr.Vivek

Agarwal , Advocates

versus

STATE NCT OF DELHI

..... Respondent

Represented by:

Ms.Meenakshi Chauhan, APP for the

State with SI Pradeep Kumar, PS

Model Town

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

1.

By the present appeal, Rahul challenges the impugned judgment dated

1^st 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 6^th 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

CRL.A. 547/2017

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2011 (1) JJC 529 Mohd. Sharif v. State.

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.

4.

Process of law was set into motion on 5^th May 2016 at about 12:50

A.M. when information was received regarding Arjun being admitted in

Hindu Rao Hospital by his wife Baby and the doctor declaring him brought

dead. Aforesaid information was recorded vide DD No.4B (Ex.PW-13/A)

and was assigned to ASI Krishan Chand. He along with Ct. Trilok went to

Hindu Rao Hospital. Another information was also received at about 1:42

A.M. regarding the murder of the caller’s son. Aforesaid information was

recorded vide DD No.5A (Ex.PW-13/B) and was assigned to Inspector

Rajinder Khatri. He along with Ct. Mandeep went to Hindu Rao Hospital

where he met ASI Krishan Chand who handed over the MLC of the

deceased and the eyewitness to him. He recorded the statement of the eye-

witness Deepak who stated that he worked as a guard at Vidhyanjali Play

School CC Colony Delhi. On 4^th May 2016 at around 9:30 P.M he had gone

with his friend Manish to Phool Wala Park, Mahavir Vatika, SBI Colony,

Delhi. On reaching there they saw Rahul S/o Sh. Pappu, Ajay, Rahul S/o

Rakesh, Chandan and Arjun sitting in the park. Arjun was in an intoxicated

state. Rahul S/o Pappu, Ajay, Rahul S/o Rakesh and Chandan were sitting in

the park and were smoking ganja so Manish and he also started smoking

ganja with them. At around 9:45 P.M., Rahul S/o Sodan (Appellant herein)

who was brother in law of Arjun also came to the park to smoke ganja.

Rahul S/o Sodan, started snatching the pudiya of Ganja from Rahul S/o

CRL.A. 547/2017

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Rakesh so Arjun told him not to snatch the pudiya of Ganja from Rahul S/o

Rakesh. On this pretext Arjun and Rahul S/o Sodan started abusing each

other and Arjun gave a kick blow to his brother in law Rahul S/o Sodan and

then both of them started hitting each other. When they tried to intervene

and stop the fight Rahul S/o Sodan got angry and said “Tum sab door ho

chodunga.” While saying this he started kicking and punching Arjun

recklessly. In a short while Arjun became unconscious and Rahul S/o Sodan

after seeing him unconscious ran away from the place of incident. During

this time Arjun’s wife Baby heard the commotion and she came inside the

park and saw Arjun in an unconscious state. Baby, Manish and Deepak

picked up Arjun from the park and took him to Hindu Rao Hospital in a TSR

where he was admitted. The doctor checked Arjun and told them that Arjun

had died. Rahul