2018 (5) ADR 213

Delhi High Court

Hon'ble Judge(s): S. Muralidhar, I. S. Mehta , JJ

Penal Code (45 of 1860) , S.300, S.304 Part II/34, S.307/34— Evidence Act (1 of 1872) , S.3— Murder or culpable homicide and attempt to murder - Appreciation of evidence - Accused allegedly assaulted victim with dandas and lathis - Ocular evidence of witness, fully corroborated by medical evidence - Presence of said witness when accused attacked victim, cannot be doubted as he himself was injured in incident - However, attack by accused was not premeditated - It was on spur of moment in heat of passion - Victim died due to single head injury after undergoing treatment for 15 days - Accused liable to be convicted under Ss. 304, Part II/34 and 307/34. AIR 2009 SC 152, AIR 2010 SC 3071, Rel. on. (Para 19 20 23 25) .....