ASHOK Vs. STATE

JUDGEMENT

(1.) By the present appeals, the appellants challenge the impugned judgment dtd. 26/4/2019 convicting them for offences punishable under Sec. 302/34 IPC and the order on sentence dtd. 30/4/2019 directing them to undergo imprisonment for life and to pay a fine of Rs. 5000.00 each in default whereof to undergo rigorous imprisonment for three months each.

(2.) Learned counsel for the appellant contends that even as per the statement of the sisters of the deceased, the deceased was having an evil eye on the sister and wife of the appellant Sanjay due to which there was enmity. He states that enmity is a double edged weapon and was thus the reason for false implication of the appellant. Further the appellants can be attributed neither any intention nor even the knowledge that hitting with the stone would cause the death of the deceased. Learned counsel for the appellant further contends that even taking the prosecution case on its face and believing the witness Tariq Khan, who is stated to be the only eye witness of the prosecution to have witnessed the alleged incident, at best an offence punishable under Sec. 304 IPC is made out, as the incident took place on the spur of the moment, the appellants were not armed and they were giving fists blows, when in the heat of moment the deceased was hit on the head by a piece of stone resulting in his death.

(3.) Learned APP on the other hand contends that Tariq Khan who is an eye-witness, on whose statement the rukka was recorded and who brought the deceased in the injured condition to his home, as stated by Girdhari Lal and the two sisters, namely, Neelam and Rekha has clearly deposed the manner in which the appellants in pursuance to a common intention inflicted injury on the vital part i.e. head of the deceased resulting in the death. The post-mortem report clearly notes that the injury is sufficient to cause death in the ordinary course of nature and hence the offence punishable under Sec. 302/34 IPC stands proved beyond reasonable doubt against the appellants.