Delhi High Court
Yogender Kumar @ Mule vs State on 4 June, 2010
Author: Pradeep Nandrajog
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 4th June, 2010
+ CRL.APPEAL No.631/2010
YOGENDER KUMAR @ MULE ..... Appellant
Through: Mr.Shahid Azad, Mr.Rashid Hussain,
Mr.Rajesh Sehrawat, Mr.Hariom
Gautam and Ms.Pooja Khanna,
Advocates
versus
STATE ..... Respondent
Through: Mr.M.N.Dudeja, Advocate
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MR. JUSTICE SURESH KAIT
1. Whether the Reporters of local papers may be allowed to
see the judgment?
2. To be referred to the Reporter or not?
3. Whether the judgment should be reported in the
Digest?
PRADEEP NANDRAJOG, J.(Oral)
1. Const.Narender Kumar PW-14 has not been cross-
examined. The photographs Ex.P-6 to Ex.P-10 taken by him
conclusively establish that the scene of the crime was inside a
room in House No.7/24, Yudhisther Gali, Vishwas Nagar. The
investigating officer ASI Balraj Singh PW-23 has not been
cross-examined on his testimony that he prepared the site
plan Ex.PW-23/C listing therein the spot where the crime was
committed being spot A. Thus, learned counsel for the
appellant concedes that with reference to the testimony of
Ramesh Chand Gupta PW-2 and his brother Suresh Chand
Gupta PW-3 who turned hostile only when they were cross-
examined, keeping in view the decision of the Supreme Court
Crl.A.No.629/2010 Page 1 of 4
reported as AIR 1991 SC 1853 Khujji Vs. State of MP, the
inevitable conclusion which has to be drawn is that it is the
appellant who struck the fatal solitary blow on the abdomen of
his father and thereafter, in anger, even assaulted Ramesh
Chand Gupta. The weapon was a scissor.
2. However, with reference to Ex.PW-7/A, the MLC of
deceased Nepal Singh, which records that smell of alcohol was
detected in the breath of Nepal Singh, learned counsel for the
appellant submits that notwithstanding the family members of
the deceased, who also are the family members of the
appellant, turned hostile, with reference to their statements
made to the police it is apparent that the assault was
preceded by a verbal quarrel between the father and the son.
Learned counsel points out that the appellant never came pre-
armed. During the course of the verbal quarrel with his father,
the appellant picked up a scissor, which was lying handy, and
inflicted only one blow on the stomach of the father which
unfortunately proved fatal, since, as recorded in the post-
mortem report Ex.PW-13/A, the illiac artery got cut resulting in
excessive bleeding. Counsel highlights that the deceased was
alive when he was brought to the hospital. Efforts made to
stop the bleeding failed and ultimately death took place after
about 4 hours.
3. Considering that the appellant never came pre-
armed and that he had a verbal altercation with his father who
was drunk and during the course of the verbal altercation the
appellant picked up a scissor which was lying handy in the
house and inflicted only one stab blow on the person of his
father it can safely be said that the only intention of the
appellant was to injure his father and not to cause any specific
injury, but knowledge can certainly be attributed that the
Crl.A.No.629/2010 Page 2 of 4
appellant was likely to cause the death of the deceased i.e. the
knowledge contemplated by Section 299c IPC. Alternatively, if
the Fourth limb of Section 300 is attracted, Exception 4 would
also be attracted. Under either circumstance the act of the
appellant would constitute the offence of culpable homicide
not amounting to murder.
4. This would be pertaining to death of deceased
Nepal Singh.
5. Noting that the learned Trial Judge has neither
convicted the appellant nor imposed any sentence pertaining
to the injuries caused to Ramesh Chand and Suresh Chand,
PW-2 and PW-3 respectivley, we dispose of the appeal
modifying the impugned judgment and order dated 19.3.2010
and after setting aside the conviction of the appellant for the
offence punishable under Section 302 IPC we convict the
appellant for the offence of culpable homicide not amounting
to murder pertaining to the death of his father Nepal Singh.
6. For the said offence we sentence the appellant to
undergo RI for a period of 10 years.
7. Needless to state the appellant would be entitled to
the benefit of Section 428 Cr.P.C. as also the remissions as per
the executive policy of the State if any earned.
8. We are happy to note that the criminal
administration of justice in the Union Territory of Delhi is
showing good signs of revival. The incident in question took
place on 8.4.2009. The committal proceedings were over by
August 2009 and the matter reached the learned Additional
Sessions Judge on 6.8.2009. Charge was framed on 18.8.2009
and recording of evidence, in which 26 witnesses were
Crl.A.No.629/2010 Page 3 of 4
examined, was completed by 24.2.2010 and impugned
decision was pronounced on 19.3.2010.
9. It is apparent that not only was the learned Trial
Judge proactive, but even counsel rendered complete and
timely assistance to the learned Judge.
10. The fast-tracking of the trial before the learned Trial
Judge, with the cooperation of members of the Bar, had
motivated us to be equally quick and fast. The instant appeal
which came up for preliminary hearing before us on 21.5.2010
has been disposed of by us today i.e. on 4.6.2010. Needless to
state we have been able to dispose of the appeal because of
the fair concession made by learned counsel for the appellant
and the able assistance rendered to us with respect to the
residual matter which we have been called upon to decide by
learned counsel for the appellant as well as learned counsel for
the State.
11. Placing on record our appreciation for members of
the Bar, the appeal stands disposed as per paras 5, 6 and 7
above.
12. Since the appellant is in jail, we direct that a copy
of this decision be sent to the Superintendent Central Jail Tihar
who would make necessary corrections in the jail record
pertaining to the sentence which the appellant has to undergo
as also for supplying the same to the appellant.
PRADEEP NANDRAJOG, J.
SURESH KAIT, J.
June 04, 2010
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