PRADEEP Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal is by accused no.2. The appellantaccused no.2 has challenged the judgment and order dtd. 12/1/2009 of the Punjab and Haryana High Court by which appeal preferred by the appellant and accused No.1 against the order of conviction by the Sessions Court has been dismissed. The Sessions Court convicted the appellant and accused no. 1 for the offences punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code (for short 'IPC') and Ss. 449 and 324 read with Sec. 34 of IPC. The appellant and accused no.1 were sentenced to suffer life imprisonment for the offence punishable under Sec. 302 read with Sec. 34. For the offence under Sec. 449 read with Sec. 34, they were directed to suffer rigorous imprisonment for seven years. For the offence punishable under Sec. 324 read with Sec. 34 of IPC, they were sentenced to undergo rigorous imprisonment for one year. Both the appellant and the accused no. 1 Devender alias Vikki preferred appeal before the High Court which has been dismissed by the impugned judgment.

(2.) First Information Report was registered on the basis of the statement of PW­1, Ajay who was 11 years old at the relevant time. He is the youngest of three sons of the deceased Bhanmati and Satpal. According to the prosecution's case, on 30/12/2002, Ajay and his mother (deceased) were sleeping in their house by locking their house from inside. Ajay's elder brother was staying in Ghaziabad for education and his second brother had gone to stay with his maternal uncle. Ajay's father Satpal was working as Mahant of a temple, and he was residing near the temple. He was not residing with the deceased. According to the prosecution's case, at about 1 am, PW­1 Ajay heard the noise of his mother. When he woke up, he saw that accused nos. 1 and 2 were grappling with his mother. Accused no.1 Vikki by knife inflicted 6 to 7 blows on the stomach and chest of the deceased. At that time, appellant­accused no.2 was holding the hands of his mother. When Ajay tried to rescue his mother, accused no.1 inflicted injuries on him with the same knife. Thereafter, both the accused fled away. They had entered the house through a window and they went back through the same window. According to Ajay, he was hiding in the house due to fear. At about 5 am, when one Surender, milkman, who is described as Golu by PW­6, came to the house, Ajay came out and disclosed to the said milkman that the accused had murdered his mother with a knife. The said milkman reported the incident to Ajay's uncle Rajinder Singh (PW­6) who came to the site. Thereafter, Ajay's father Satpal also came. Injured Ajay was taken to hospital where his statement was recorded. Based on his statement, First Information Report was registered.

(3.) In his complaint, Ajay stated that on the earlier day, the accused had come to his house and untied the buffalo. When the deceased complained, both tried to assault the deceased. Ajay also stated that six to seven months prior to the incident, both the accused had entered the field of his family and they cut "daul" of their field. As the appellant's father tendered an apology to Satpal, a complaint was not filed.