A 40-year-old man, convicted for unintentionally killing his brother-in-law, has been sentenced to three years in jail by a Delhi court. Additional Sessions Judge Umed Singh Grewal handed down the jail term to Jyoti Narayan Tiwari, a north-west Delhi resident, while holding him guilty under section 304 Part II (culpable homicide not amounting to murder) of the IPC.
"The accused (Tiwari) did not have any intention to cause death. Also he did not intend to cause such bodily injuries as was likely to cause death. "But certainly knowledge can be imputed to him that he knew that by such act of his, he was likely to cause death. Hence, he is held guilty under section 304-II of the IPC," the judge said. The court directed him to pay a compensation of Rs two lakh to victim Mithlesh Mishra's family and also imposed a fine of Rs 5,000 on him.
The court accepted Tiwari's submission that the incident was not premeditated and diluted the murder charge framed against him. "The court has no hesitation in holding that it was an unpremeditated fight... Mishra abused Tiwari and his family continuously due to which Tiwari lost control and started grappling with him. During that scuffle, Mishra hit him and in turn Tiwari also hit him with danda (stick) which was lying in the room," it said.
According to the prosecution, Tiwari was living with his wife and two kids in a two-room house in Siraspur here and shared it with his brother-in-law Mishra. It said that on the night of May 27, 2013, when Mishra came home in an inebriated condition, a quarrel took place between him and Tiwari. Mishra continuously abused him and his family after which Tiwari lost control and hit him with a stick leading to his death. Jagwati and her son Babloo, who were residing as tenants in another room of the same house, came out and saw Mishra lying in a pool of blood, it added.
While convicting him, the court relied on the statement of prosecution witnesses Jagwati and her son that Mishra used to come home drunk and hurled abuses at Tiwari and his family. "Prosecution has established motive. It has also been established that homicidal act was committed in their house and at that time Tiwari was present there," it said.
The court suspended Tiwari's sentence and granted him bail for 30 days on a personal bond. Tiwari sought leniency on the ground that he had a wife, two children and an aged mother to look after.
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