LEHNA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Lehna (hereinafter referred to as accused) was awarded "Sentence of Death" by the learned Sessions Judge, Sonepat which has been confirmed by the Punjab & Haryana High Court. Accusations against him were that he took away the lives of his mother, brother and sister-in-law. It was also alleged that he caused injury on his father Suraj Mal (PW-6) and nephew - Chand (PW-7). He was tried for allegedly committing offences punishable under Sections 302 458 and 324 of the Penal Code 1860 (in short IPC), was found guilty and accordingly convicted. Corresponding sentences imposed were sentence of death, 4 years and 6 months respectively. The sentences were directed to run concurrently.

(2.) Prosecution version sans unnecessary details is as follows:

(3.) In support of the appeal before this Court, learned Counsel submitted that both the Trial Court and the High Court ignored a very significant fact that the evidence on which prosecution rested, its version was that of relatives. There was admitted hostility, rendering the same suspect. The injuries which were of serious nature on the accused were not explained. That added to vulnerability of prosecution version. Finally, it was submitted that this is not a case which belonged to the category of "rarest of rare" to warrant death sentence. The non application of mind according to the learned Counsel is evident from the fact that accused has been treated to be a trespasser in his own house, for holding him guilty of offence punishable under Section 458 of IPC. There is no discussion whatsoever as to how ingredients of that Section are present.