Sh. Raghunath Singh vs State
2004 Latest Caselaw 932 Del

JUDGMENT

R.C. Chopra, J.

1. Learned counsel for the appellant does not press this appeal on merits and prays for indulgence in the matter of sentence on the ground that the incident was sudden, without any pre-meditation and in the heat of moment. He submits that the appellant ha s no antecedents of crime and has already undergone about 5 1/2 years sentence including the remissions earned by him. Upon going through the evidence on record, this Court finds that on 22nd September, 1997 at about 9.00 P.M., the complainant-Vinay Prakash and his deceased father-Shiv Prasad were present in their first floor house in Nai Basti, Anand Prabat, Delhi. On e Sailesh and Shankar, who were also tenants in the same house, were quarelling in the street. On hearing the noise, the deceased came out on the Chhaji of his room and shouted as to what was this ''Gunda Gardi''. In the meanwhile, the appellant also cam there and in the heat of the movement threw the deceased down from the first floor. As a result, the deceased suffered injuries and later expired. Learned Trial Judge held the appellant guilty under Section 304 Part I of the I.P.C. and sentenced him t undergo R.I. for ten years and a fine of Rs.5,000/-. In default of payment of fine, he was directed to undergo further S.I. for three months. This Court finds no good grounds to take a different view and as such upholds the conviction of the appellant Considering the fact that the fight was sudden and the incident took place in the heat of the moment without any pre-meditation and also the fact that no weapon of offence was used, this Court is of the considered view that there are good and appellant has no history of crime and is a man having grown up children and family. sufficient grounds for taking a lenient view in the matter of sentence. The Accordingly, the impugned sentence of imprisonment of the appellant stands reduced to R.I. for 5 1/2 years and the fine also stands reduced to Rs.1,000/-. In default of payment of which he shall undergo further S.I. for one month. With this modification in the sentence, the appeal stands disposed of. A copy of this order be sent to the appellant through Superintendent, Jail.