JAGRAJ SINGH Vs. STATE OF DELHI

JUDGEMENT

(1.) A limited question that has come up for consideration in the present appeal, arising from Sessions Case No.185/2001, in FIR No.301/2000, PS Patel Nagar, is as to whether the conviction of the appellant vide impugned judgment dated 21.4.2003, under Section 302 IPC and the order on sentence dated 22.4.2003, sentencing him to undergo rigorous imprisonment for life and pay a fine of Rs.5,000/-, and in default of payment of fine, undergo simple imprisonment for a period of three years, is liable to be upheld or he deserves to be held guilty for the commison of a lesser offence under Section 304 Part II of the IPC. In other words, this Court is required to examine as to what was the nature of the offence committed by the appellant in the facts and circumstances of instant case and as a sequel thereto, the sentence that ought to have been awarded to him.

(2.) The factual matrix of the case as presented by the prosecution is that in the evening of 29.4.2000, the deceased, Sh. Ravi Chaudhary alongwith his wife, Smt. Shashi Chaudhary and two minor children had gone to Sidhartha Hotel, East Patel Nagar to attend a party. After attending the party, when the deceased and his family stepped out from the hotel and sat in the car, Maruti car bearing number DL-6C B 2548, to return to their home, at about 10.15/10.30 P.M., the deceased drove towards the right side of the road to take a U-turn and turn back to the Pusa Road round about. On reaching Dasa Prakash Restaurant, situated down the same road from Sidhartha Hotel, the appellant, who was driving a Maruti Gypsy bearing registration number DL 1C 4328 and had two children sitting alongwith him, drove down from the Pusa Road round about side and hit the Maruti car of the deceased causing some scratches/dent on it. A quarrel erupted between the parties. Ravi stopped his car, he and his wife came out and walked towards the Gypsy of the appellant, who remained seated in his vehicle and started hurling abuses at them. When Ravi turned back to walk towards his car, the appellant said that he will teach him a lesson and hit him with his Gypsy. Ravi was dragged for about 20 yards with the vehicle and then he fell down from the bonnet on to the road and collapsed while the appellant fled from the spot in his vehicle.

(3.) The victim was taken by his wife to Sir Ganga Ram Hospital ('SGR Hospital' in short) and given treatment. He could not survive for long and expired on 30.4.2000, at about 10.10 A.M. While in the hospital, the police recorded the statement of the victim's wife on 29.04.2000 (Ex.PW5/A). Her supplementary statement was recorded by the police on the next day as well wherein, she clarified that the appellant was driving a Gypsy. Earlier, she had described the vehicle as a "Sumo type" vehicle. The appellant was apprehended and arrested by the police on 30.4.2000. On conclusion of the investigation, vide order dated 20.10.2000, charges were framed against the appellant under Section 302 IPC. He pleaded not guilty and claimed trial.