RAMESH KUMAR ALIAS TONI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Leave granted.

(2.) This, appeal arises out of the judgment of the Punjab and Haryana High Court dated 29.4.2008 whereby the appeal filed by the present appellant against the judgment of conviction recorded by the trial Court for an offence punishable under Section 302, IPC, has been dismissed.

(3.) The facts giving rise to this appeal are as under :- The incident happened on 28th September, 1996. The deceased Rajinder Pal was a student of the I.T.I., Ambala. His mother Shakuntla P.W. 8 and uncle Sunder P.W. 9 had gone to the fields to harvest the maize crop in the morning. At about 4.00 p.m. the deceased took tea for his mother and uncle. At about 5.00 p.m. all three were returning to the village with the deceased going ahead by 10-15 paces. As the deceased was walking through the vacant field of the accused, the appellant abused him for having entered his field. The deceased also abused the appellant in return. On this, the appellant who was holding a kassi (spade) while mending the ridges of the field inflicted one blow on the head of the deceased.' Thereafter, the appellant ran away along with his weapon. Shakuntla and Sunder removed the injured to a clinic at the bus stand, but they were advised to take him to Ambala. Accordingly, the injured was taken to Ambala, where he died in the Emergency Ward at about 8.40 p.m. The trial Court relying on the evidence of the two eye-witnesses convicted the accused-appellant for an offence punishable under Section 302, IPC and sentenced him to undergo imprisonment for life. As already mentioned above, the order of conviction and sentence has been maintained by the High Court.