OM PARKASH ALIAS KALA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been instituted against the judgment dated 27.07.2004 and order dated 28.07.2004 rendered by the learned Sessions Judge, Kurukshetra, in Sessions Trial no.8 of 2004 whereby, the appellant was charged with and tried for the offence punishable under Section 302 of the Indian Penal Code (in short 'IPC'). The appellant was convicted thereunder and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/- and in default of payment of fine, to further undergo rigorous imprisonment for six months.

(2.) The case of the prosecution in a nutshell is that complainant Des Raj resident of Village Murtazapur was brother of deceased Vir Bhan as well as accused Om Parkash alias Kala. Vir Bhan had constructed a room in his bara. He was residing with his family in village Foosgarh, District Karnal. Accused Om Parkash alias Kala was residing with his family in the room of Vir Bhan. The accused was addicted to drinking. He used to beat his family members under the influence of liquor. About 4/5 days before this occurrence, accused Om Parkash under the influence of liquor, armed with kulhari (axe) started chasing his wife. Other persons rescued her. The wife of accused along with her children went to her parental home. Two days before this occurrence, Vir Bhan had come to his native village Murtazpur to sacrifice lamb. Vir Bhan was staying with the accused. On 17.10.2003, complainant Des Raj had seen both the deceased and the accused taking liquor together during the day time. On the night between 17/18.10.2003, both the deceased and the accused were sitting in the bara. They had some altercation about the bara and the room. Des Raj and his brothers Chhitar Ram and Ram Dia counselled the deceased and the accused. At about 7.00 A.M. on 18.10.2003 accused Om Parkash came to the house of complainant Des Raj and told that he had finished Vir Bhan and asked the complainant to look after the deceased. The accused ran away. Des Raj along with his brothers Chhitar Ram and Ram Dia went to bara of Vir Bhan. Vir Bhan was lying dead on a cot in front of the room. They noticed cut (injury marks) of axe on his neck, back of head, right shoulder etc. According to the complainant, there was enmity between the brothers over bara and room. Des Raj made statement Ex.PF on the basis of which FIR Ex.PF/2 was registered. The dead body was sent for post-mortem examination. Dr.Surinder Kumar and Dr. Sarah Aggarwal conducted the post-mortem examination. Accused was arrested. He made disclosure statement Ex.PH/2. The investigation was completed. The challan was put up after completing all the codal formalities.

(3.) The prosecution examined a number of witnesses. Statement of the appellant was recorded under Section 313 Cr.P.C. He denied the case of prosecution. The appellant was convicted and sentenced, as noticed hereinabove. Hence, this appeal.