MULLA @ MOOL CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) Judgment and order dated 28.3.1997 passed by Sessions Judge, Gurgaon, while convicting the appellant under Section 304 Part II IPC and sentencing him to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 5,000/- and on failure to pay the fine, to undergo further rigorous imprisonment for a period of six months, has been challenged by him by filing the present appeal.

(2.) According to the FIR, Om Parkash, since deceased, used to run a tailor shop in his house. On 19.5.1996 at about 6.00 P.M., he saw his neighbour Mulla @ Mool Chand coming from the bazar towards his house. At that time his wife Maya Devi was sweeping the floor outside the house. Mulla @ Mool Chand started staring at Maya Devi. At this, Om Parkash told Mulla @ Mool Chand that sisters and daughters of all were equal and he should not stare at his wife. At this, Mulla @ Mool Chand abused him. Mulla @ Mool Chand then brought a Gandasi from his house and hurled the same at Om Parkash but it did not hit the latter. Then Om parkash brought hand-pump handle and hurled the same towards Mulla. Mulla picked up the said handle and used it in giving a blow on the head of Om Parkash. As a result, blood started oozing out and Om Parkash became giddy. He was rescued by his wife and others, who got him admitted in the hospital.

(3.) Injured Om Parkash was medically examined by Dr. R.N. Yadav, Medical Officer, General Hospital, Gurgaon on 19.5.1996 at 7.35 P.M., who found that he was smelling of alcohol. Pulse rate was 90 per minute, blood pressure was 130/80 and pupils were bilateral and were of normal size and reacting to light. The doctor found the following injury on his person: