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Man sentenced to 7 yrs in jail

New Delhi, Nov 14, 2012, PTI:
A man has been sentenced to seven years in jail by a Delhi court for unintentionally killing a person in a fight following a dispute over a business matter.

The court held Delhi resident Manish Sharma guilty of killing Dayanand unintentionally, saying the quarrel took place at the spur of the moment without any premeditation.

“The unfortunate incident was a result of sudden quarrel and the convict did not act in any cruel manner and hence under the given circumstances, he is sentenced to rigorous imprisonment for a period of seven years under the provisions of the IPC,” additional sessions judge Kamini Lau said.

The court also imposed a fine of Rs 1 lakh on convict Manish Sharma, stipulating that if realised, the money should be given to the wife of deceased Dayanand.

As per prosecution, the incident occurred in April 2006 when Dayanand along with his father and brother had gone to Sharma’s house at Saraswati Vihar to collect some money due to them.

As Sharma’s brother Mahesh was unable to pay the amount, an altercation took place between them. In ensuing melee, Manish and Mahesh began kicking and punching Dayanand, but the dispute was resolved by intervention of victim’s father Pushkar Raj.

On returning home, Dayanand complained of a burning sensation in his chest and was taken to a nearby clinic. After receiving the treatment, he went to sleep at home but did not wake up the next morning and was found dead.

Subsequently, the matter was reported to police, which booked the two brothers for the offence of culpable homicide not amounting to murder.

Jail term reduced


A year-long jail term given to a truck driver for mowing down a scooter rider in 2000 has been reduced to nine months by a Delhi court on the ground that he faced “protracted” trial for over 12 years.

Additional sessions judge (ASJ) Narinder Kumar sentenced truck driver Sumodh to nine-month imprisonment, modifying the order of a magisterial court which had awarded him a year’s jail term for causing death of scooterist Satpal by hitting him with his rashly-driven truck.

“Having regard to the protracted trial which the accused faced (till September 2012) and considering other facts and circumstances, this court deems it a fit case to reduce the substantive sentence of imprisonment,” the judge said.

The ASJ’s order came on an appeal by Sumodh against the magisterial court’s decision.

According to the prosecution, Sumodh had hit Satpal's scooter near Ring Road, Daryaganj here on July 13, 2000 night with his speeding truck, killing him on the spot. Sumodh argued he was falsely implicated in the case and that he was not driving the truck rashly or negligently.

He had deposed that his truck was stationary and it was Satpal, who had rammed into his truck at a high speed.

The court, however, dismissed his argument relying on the eyewitness testimony of two police officials.

 

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