VIKRAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in the present appeal, is to the judgment of conviction dated 06.09.2016 and order of sentence dated 12.09.2016 passed by learned Sessions Judge, Narnaul, vide which appellant was held guilty and convicted under Section 302 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs. 1,00,000/-, in default of payment of fine, to further undergo rigorous imprisonment for six months.

(2.) The background facts in nutshell are, as follows:- That, complainant Vijay Kumar is resident of Village Sujapur,P.S. Ateli. On 03.12.2014, there was lagan ceremony of Sonu s/o Ombir r/o village Bochariya. In the said lagan ceremony, family of the complainant was invited for dinner. At about 8.00 p.m., complainant himself along with his uncle Bani Singh s/o Sohan Lai, Rama w/o Bani Singh had gone to the house of Ombir, at his well for dinner. After some time, his uncle Bani Singh, has stated to the complainant that Mahender and Vikram, sons of Ramji Lai, and Attar Singh, Naresh and Ashok sons of Banwari Lai, resident of village Bochariya, are quarreling with him on that day, on the same issue, qua which, a quarrel had taken place one year earlier, due to the dispute of Dola. The complainant asked his uncle to take dinner and to go to home and they shall talk in the morning. After saying so, the complainant went to his house. On 04.12.2014 at about 2'O clock, the complainant received telephonic call from Sunil s/o Bani Singh that Ombir had come to his house and he stated that his father has consumed liquor and is lying behind the house of Ombir and he has to be brought. Upon this, the complainant arranged Alto car of his friend Sandeep s/o Bal Krishan and then, he along with Sunil and his aunt Rama Devi, had reached the house of Ombir, where his uncle Bani Singh was lying behind the house of Ombir. He had injuries on the right side of his head and on right ear, below the ear and blood was oozing out from the right ear and nose. Bani Singh was lifted and in the Alto car, he was brought to Government Hospital, Ateli, where he was declared dead and intimation was given to the police.

(3.) Proceedings in the present case, were initiated, on the basis of the application filed by Vijay Kumar, complainant. The case was registered under Section 302 read with Section 34 IPC. The initial investigation was handled by SI/SHO Brahm Prakash. During the course of investigation,spot was inspected and scaled site plan was prepared. Statements of witnesses were recorded. Thereafter, further investigation was handed over to SI/SHO Malkhan Singh. Accused Vikram @ Rajbir was arrested on 09.12.2014. Even though, the complainant had named five persons namely Mahender, Vikram sons of Ramji Lai, Attar Singh, Naresh and Ashok sons of Banwari Lal but however, Vikram @ Rajbir, in his disclosure statement, admitted about injuries to have been given by him alone with wooden log of budberry tree. The said wooden log was recovered. CD was prepared. During the course of investigation, remaining assailants were found to be innocent. Even, it was so concluded in the investigation conducted by DSP, Kanina and CIA Narnaul.