Decided on January 10,2007

STATE OF DELHI Respondents


P.K.BHASIN, J. - (1.) The appellant along with his parents faced trial for the offence of murder of their neighbour Vishwanath Pandey. The learned Additional Sessions Judge, Karkardooma Courts, vide judgment dated 2-04-04 in Sessions case No. 86/01 convicted the appellant under Section 302 IPC while his father and mother were held guilty only under Section 323/34 IPC.
(2.) The brief facts of the case are that even though the deceased Vishwanath Pandey and the appellant and his family were neighbours in Indira gali, Mandawli, Delhi but they were not on cordial terms with each other on account of throwing of garbage by the appellant and his family in front of the house of the deceased. On 23-12-2000 at about 9.15 p.m. the appellant and his parents while standing on the chajja of their house threw a garbage bag in front of the house of the deceased. The deceased and his brother Daroga Pandey(PW- 1) who was also living with the deceased came out of their house on hearing the noise of something falling at their gate and they saw the garbage bag lying in front of their house. They also found the appellant and his parents standing on the projection(chajja) of their house on the first floor. The deceased asked the father of the appellant as to why they had thrown the garbage in front of his house and the father of the appellant replied that garbage had been thrown as it was his sweet will. When the deceased told him that it was not proper appellant's father said "abhi batata hoon" and then exhorted his wife Kunta and son Sushil Dixit(the appellant herein) "maro saalon ko". Thereupon the appellant Sushil Dixit threw a brick on the head of deceased. Then the mother of the appellant said that earlier also they(complainant side) had fought with them and saying so she threw a brick towards Daroga Pandey but fortunately the brick did not hit him. These facts were narrated to the police by PW-1 Daroga Pandey, brother of the deceased, in his statement Ex. PW-1/A on the basis of which a case under Section 308/34 IPC was registered at Mandawli police station vide FIR No. 412/2000 in the morning of 24th December, 2000. In that statement Daroga Pandey had also claimed that the appellant and his parent had thrown bricks on him and his brother with the intention to kill since Surinder Dixit(father of the appellant) had earlier also fought with them.
(3.) The injured Vishwanath Pandey remained hospitalized for some days in a state of coma during which he was operated upon also for his head injury but finally succumbed to his injuries in the hospital itself on 29-12-2000. Thereafter the police converted the case into one under Section 302/34 IPC. The cause of death upon post-mortem examination of the dead body was opined by the autopsy surgeon to be "coma resulted from head injury (extensive craniocerebral damage) which was sufficient to cause death in ordinary course of nature." As per the post-mortem report Ex. PW-6/A the death of Vishwanath Pandey was homicidal.;

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