Delhi District Court
State vs . Madan Lal Page No. 1 on 25 April, 2015
IN THE COURT OF SH.ATUL KUMAR GARG, ASJ - 03,
(CENTRAL) TIS HAZARI COURTS: DELHI
SC No. 89/13
State
... Complainant
Versus
Madan Lal @ Badal
S/o late Sh. Dharam Pal
R/o H.No. T-30, Kabir Basti
Malka Ganj, Subzi Mandi,
Delhi
... Accused
FIR No. : 166/13
PS : Subzi Mandi
U/S : 304 IPC
ORDER ON SENTENCE
1.On behalf of the convict, Ld. Legal Aid Counsel has claimed liniency stating that convict is aged 30 years having a wife and a widow mother. He is the sole bread earner of his family. He submits that he be released either on probation or on the period he is already undergone during trial. FIR No.166/13 State Vs. Madan Lal Page No. 1
2. On the other hand, Sh. Alok Saxena, Ld. Addl. PP for the State has advocated the maximum punishment prescribed in law to the convict. He submits that though this court had convicted the convict on the lesser offence i.e., 304 Part-II of IPC yet considering the nature of the injuries inflicted on the vital part on the victim age of 65 years, female should be considered at the time of awarding the sentence.
3. I have heard the arguments at bar and perused the record.
As per the prosecution case on 21.08.2013 at about 9.00 pm accused Madan Lal @ Badal in the presence of four witnesses had given the fist blow to the abdomen of the deceased so that she fell down. Inspite of this, he continued to give blow on the abdomen of the deceased and ran away.
4. Considering the entirety of the circumstances, in which the offence was committed and considering the age of the convict, I sentence the convict to undergo RI for four years under Section 304 Part-II of IPC. He is further sentenced to FIR No.166/13 State Vs. Madan Lal Page No. 2 pay the fine of Rs. 5,000/-. In default of payment of fine, convict shall undergo three months simple imprisonment. Benefit of Section 428 Cr.PC is given to the convict.
Ordered accordingly.
Announced in open court On 25.04.2015 (ATUL KUMAR GARG) Addl. Sessions Judge-03 (Central) Delhi FIR No.166/13 State Vs. Madan Lal Page No. 3 FIR No. : 166/13 PS : Subzi Mandi State Vs. Madan Lal @ Badal ____.2015 Present :
(Atul Kumar Garg) ASJ-3 (Central)/_____2015 FIR No.166/13 State Vs. Madan Lal Page No. 4