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Man jailed for 5 years for killing neighbour unintentionally

The man has been sentenced for unintentionally pushing a neighbour to his death from a three-storied building during a fight over sleeping on the roof.

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A man has been sentenced to five years in jail for unintentionally pushing a neighbour to his death from a three-storied building during a fight over sleeping on the roof.

Rejecting the prosecution charges of murder, Additional Sessions Judge Surinder S Rathi sentenced North-Delhi resident Suman Chhetri, a salesman with a private company, to five years in jail after finding him guilty of unintentionally killing Dhirender Chaudhary.

The court also directed Suman to pay a compensation of Rs1 lakh to the next of kin of Dhirender.

The incident occurred on June 8, 2010 when Suman and his wife, who lived as tenants on the third floor of the building, were preparing their beds on the roof. At the same time, Vipin and his uncle Dhirender Chaudhary, the tenants on the second floor, also came on the roof to sleep.

Vipin entered into an altercation with Suman, accusing him of having urinated on his bed the previous night. Suman denied the allegation and eventually a scuffle broke out.

As Vipin's uncle Dhirender tried to intervene in the fight, he was pushed aside by an agitated Suman, and Dhirender fell on the first-floor roof of the adjacent house and died.

The court held Suman guilty of committing unintentional killing.

"There is nothing on record to show that while the scuffle was going between Suman, Vipin and deceased Dhirender, he was aware that deceased is standing in such a position that if he is given a push on his chest, he would fell down two floors. It cannot be said that accused knew that the act of pushing Dhirender was so imminently dangerous that it must in all probability would cause his death," the court said.

The court sentenced him to five years in jail saying, "I am not inclined to grant maximum punishment (ten years imprisonment) to the convict. He did not deliberately stab or shoot the deceased. Since both the convict as well as deceased belonged to lower middle working class, convict is sentenced to undergo rigorous imprisonment for five years."

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