BRAHAM PARKASH @ BABLOO Vs. STATE

JUDGEMENT

(1.) THIS is an Appeal against the judgment dated 22.09.2001 whereby the Appellant was held guilty of the offence punishable under Section 302 of the Indian Penal Code, 1860 (-the Code-) and order of sentence dated 25.09.2001 whereby the Appellant was sentenced to undergo imprisonment for life.

(2.) THIS case was registered on the basis of the statement of Ms. Seema, daughter of the deceased Suraj Mal. According to the prosecution version Seema (PW-1) was a student of 10th standard. Braham Prakash @ Babloo (the Appellant) was her neighbour, living in a rented room. For about a month prior to the incident the Appellant started teasing Seema and would also follow her. The Appellant also expressed his desire to marry Seema as he was in love with her. According to the prosecution in spite of refusal by Seema, to agree to such expression of love by the Appellant, he persisted with the same. Seema accordingly made a complaint to her father Suraj Mal. The deceased reprimanded the Appellant and advised him not to harass Seema. The appellant took ill of advice given.

(3.) THE Appellant took out a sharp edged weapon from his pocket and attacked her father on his chest, abdomen and arm. Seema raised an alarm as a result of which people from the street gathered. Her father was removed to the hospital, whereas the Appellant escaped brandishing his weapon and threatening if anybody approached him would be killed.