31. The most tectonic witness examined by the prosecution in the
present case is PW4 i.e. Lallan Prasad, who also happens to be injured/
victim in the present case. PW4 has categorically stated in his examination
in chief, that on 12.11.2008, he had appeared before the court in relation to
judicial proceedings and thereafter, when he went back to his house after
attending the proceedings at 01:00 pm, accused Kanta entered his house by
FIR NO. 248/08State Vs. Kalu Ram & Ors. 15 of 28
Digitally
signed by
RICHA
RICHA SHARMA
SHARMA Date:
JYOTI Digitally signed
by JYOTI NAIN
Date:
Announced and dictated directly NAIN 2025.02.27
17:24:39 +0530
into the computer in open court (JYOTI NAIN)
on 27th Day of February, 2025 JMFC-07/North District
Rohini Courts, Delhi.
FIR No. 567/2019 State vs. Kalu Ram 11 of 11
In Abbas Ahmed Choudhury v. State of Assam (2010)
12 SCC 115, observing that a case of sexual assault has to be
proved beyond reasonable doubt as any other case and that there is
no presumption that a prosecutrix would always tell the entire
Judgment 17 of 22
SC No: 300/17 State Vs. Kallu Ram & Ors
story truthfully, the Hon'ble Supreme Court held :
13. PW4 Virender Kumar testified that complainant was his
sister. She was married to Praveen Kumar. After the death of Praveen
Kumar, he stated to complainant to leave the children at her
FIR No. 371/06 State Vs. Kalu Ram etc 5/7
matrimonial home and stay with them but she refused. Complainant
started living at her matrimonial home. Earlier, she was not kept well
by her husband and other members of her matrimonial home. She had
three children and they were also not kept well. He further stated that
he is not aware of the whereabouts of his sister (complainant) and for
the past 2-3 years there has been no link with his sister so he could not
tell where she is residing.
Announced in the open court
On this 28th July, 2014
Virender Singh
Metropolitan Magistrate02,
North Rohini Delhi
FIR No. 868/07 STATE VS. Kala Ram @ Kali Charan
13. The ratio laid down in Babu Singh's case is that the
intention of murderous assault is not necessary to record a guilt u/s
C/N No. 285/99Unique ID No. 02401R0061021999 6State Vs. Kallu Ram & Ors FIR No.514/98
PS Adarsh Nagar
324 IPC.
The 1st Additional Civil Judge (Junior Division)/Judicial Magistrate, Sitapur, is directed to decide afresh the issue for taking cognizance and summoning the applicant and pass appropriate orders in accordance with law keeping in view the observations made by this Court as well as the direction contained in the judgments referred to above within a period of two months from the date of production of a copy of this order.
The learned Senior Counsel for the appellant has vehemently argued that offence under Section 302 I.P.C. is not proved against the appellant even if the entire prosecution evidence is taken on its face value. The offence will not travel beyond Section 304 Part II IPC. He has contended that the injuries received by the deceased were not sufficient in the ordinary course of nature to cause death as is crystal clear from the medical evidence. He has placed reliance on the cases of Sukhpal Vs. State of M.P. (1997) 9 SCC 773, K. Ramakrishnan Unnithan Vs. State of Kerala (1999) 3 SCC 309, Chavda Jivanji Chelaji and other Vs. State of Gujarat (2002) 9 Supreme Court Cases 576, 12 SCC 543, Augustine Saldanha Vs. State of Karnataka (2003) 10 SCC 472, State of M.P. Vs. Kalu Ram and another (2004) and Rajpal and others Vs. State of Haryana (2006) 9 SCC 678.
( Delivered on this 26th day of February, 2018 )
The present appeal is arising out of the judgment dated
04-07-1998 passed in Sessions Trial No. 81/1998 (State of M.P. Vs.
Kalu), by which the learned II Additional Sessions Judge, Badwani has
convicted the appellant u/s 304(2) of the IPC and has been sentenced
to undergo seven years RI alongwith a fine amount of Rs. 1000/- and
on account of non-payment of fine further six months additional
rigorous imprisonment.