HARI KISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) These appeals are directed against the judgment of the Punjab and Haryana High Court dated January 8, 2008 in Criminal Appeals Nos. 206 & 207-DB of 1998, confirming the appellant's conviction under section 302 of the penal code and the sentence of life imprisonment awarded to him by the trial court for having committed the murder of one Dinesh.

(2.) The case of the prosecution that led to the sentencing of the appellant is based on the statement of Harkesh (PW-2), one of the brothers of Dinesh, made before Bhup Singh SI/SHO of Sadar Palwal PS (PW-8) at 7.20 am on June 24, 1995 at Palwal hospital where he had brought the dead body of Dinesh.

(3.) In his statement before the police Harkesh said that at about 6.15 in the morning he along with his two younger brothers, Suresh Kumar (PW-6) and Dinesh (the deceased) was sitting on the chabutra of their baithak in village Gailpur, when Dinesh proceeded for his house to bring the clothes for getting ready to go to Faridabad, where he was due to appear in the B. Ed examination. As he reached the chaupal, where the lane turned, he was waylaid by the accused Hari Kishan (the appellant) and Rambir who were armed with knives, Shyam Lal armed with gun, Nain Pal and Kanwar Pal armed with lathis and Roshan and Nathi son of Gurdayal who were empty handed. Roshan and Nathi exhorted the other accused to kill Dinesh, saying that they would face the consequences. Hearing this, Harkesh and Suresh ran to save Dinesh. Bhim Singh (PW-4) also came there on hearing the noise. Even before Harkesh or his uncle Kanti Prakash reached the spot, Nain Pal and Kanwar Pal struck Dinesh on his back with lathis causing him to fall to the ground. As he lay on the ground, the appellant gave knife blow on the left side of his chest. Rambir too gave knife blows to Dinesh. When Harkesh and Kanti Parkash tried to save Dinesh, Rambir gave a knife blow to Harkesh that hit him on the thumb of the left hand. Nain Pal and Kanwar Pal gave Harkesh 4/5 lathi blows. Nain Pal also gave one lathi blow on the head of Kanti Parkash. When Harkesh tried to save Kanti Prakash, Shyam Lal hit him on the shoulder by the butt of his gun. He also shouted that anyone coming to their victim's rescue would be shot dead.