Sec 31 resident gets 5-yr RI for culpable homicide

CHANDIGARH, Oct 8: A Sector 31 resident has been sentenced to five years rigorous imprisonment and fined Rs 500 by UT District and Sessio...

CHANDIGARH, Oct 8: A Sector 31 resident has been sentenced to five years rigorous imprisonment and fined Rs 500 by UT District and Sessions Judge B.S. Bedi for causing the death of a neighbour after he refused to gamble. His son has also been sentenced to six months rigorious imprisonment for causing hurt.

The father — Priya Swami — held guilty of causing Modly Appan’s death by throwing him on the street, has further been directed to undergo imprisonment for three months in default of payment.

According to the prosecution, an infuriated Priya Swami caught hold of the deceased from his hair and thrashed him after the latter flicked a Rs 10 note staked by the accused in a game of cards on November 11, 1996.

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His son, Kumar Swami, who reached the spot after hearing the shouts, kicked Modly Appan after he fell on the street, the prosecution added.

Modly Appan, rescued by one Subramania and Paran Shivan, succumbed to his injuries at the Post Graduate Institute (PGI) four days later following which a case of attempt to commit culpable homicide was converted into culpable homicide not amounting to murder.

The accused, when confronted with the incriminating evidence against him, pleaded innocent and claimed trial. The defence counsel added that the accused was being implicated in the case.

Arguing before the Judge, the counsel stated that the prosecution case had not been supported by Tunga Veil who had lodged the first information report. Seeking the drawing of a presumption against the prosecution, the counsel added that eye witness Paran Shivan had not been examined.

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The Judge, after hearing the arguments, convicted Priya Swami under Section 304 Part II of the Indian Penal Code and Kumar Swami under Section 323 of the Indian Penal Code.