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Three get 10 years in jail for culpable homicide
GREATER NOIDA: The district court has awarded 10 years’ rigorous imprisonment to three accused of culpable homicide, for assaulting a 25-year-old man with sticks
GREATER NOIDA: The district court has awarded 10 years’ rigorous imprisonment to three accused of culpable homicide, for assaulting a 25-year-old man with sticks in Dadri in 2014 over a previous enmity. The victim later died at a Delhi hospital during treatment.
Baburam had lodged a complaint at Dadri police station stating that the accused assaulted his son who suffered injuries to the abdomen, legs and other parts of his body. An FIR was lodged under IPC sections 323,504 and 506. Later, when the victim died, section 304 of the IPC was added to the FIR.
Eyewitness Subhash Singh told the court that on May 9, 2014, around 9pm, he was at his home in Rithori. His brother Sudesh who had gone to Raju’s house was returning home at night. Subhash said he got information that some persons were beating Sudesh with sticks near the village pond.
When he and Sudesh’s wife Rajni reached there, Lokesh, Mukesh alias Monu and Rajwati were assaulting Sudesh with sticks. Seeing them, the accused ran away, leaving behind an injured Sudesh on the ground. He took Sudesh to his aunt’s house in Samadhipur and then took him to the government hospital in Dadri. He was referred to Yashoda Hospital, Ghaziabad. There, they were told that Sudesh was to be operated upon. As they could not arrange the money, they took him to GTB hospital in Delhi where Sudesh died a few hours later during treatment. On cross examination, Subhash gave the same statement.
The other eyewitness, Rajni, too, gave a similar statement and confirmed the prosecution’s version of events.
“The deceased Sudesh was 25 years old. The accused had taken some loan from the victim. When he asked for his money back, the accused started threatening him. A few days before the incident, the accused had misbehaved with the victim’s wife. On the date of the incident, when the victim was returning home, he saw the accused near the pond. Initially, there was an argument between them. Thereafter, the accused assaulted the victim badly. Later, the victim died at hospital,” Shyam Singh, assistant district government counsel, said on Tuesday.
The accused had claimed that they were implicated in a false case.
Dr Neha Gupta, who conducted the postmortem, stated the cause of death was septicemic shock and the body had five injuries. Dr Sudesh Kumar, to whom injured Sudesh was taken, stated that the victim was complaining of pain in the abdomen which was due to internal injuries, which may have been caused due to the assault .
The court stated that charges under the IPC sections 304 (culpable homicide) and 506 (criminal intimidation) were proved by the prosecution. Charges under IPC Section 504 (intentional insult with intent to provoke) could not be proved. The court held that the accused Lokesh, Monu and Rajwati guilty under IPC sections 304 and 506.
“Additional sessions judge Pawan Pratap Singh awarded 10 years’ rigorous imprisonment to all three accused. Two years’ imprisonment the IPC Section 506 was also awarded to them,” the ADGC said.
