AJAY KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Ajay Kumar (17) was tried for offences under Sections 302 and 404, Indian Penal Code, by the learned Additional Sessions Judge, Kurukshetra, He was convicted on both the counts and sentenced to life imprisonment and a fine of Rs. 500/- under section 302, Indian Penal Code, and Rigorous Imprisonment for three years under Section 404, Indian Penal Code. Both the sentences were made to run concurrently.

(2.) The prosecution case is that on February 16, 1988, the accused accompanied Sadhu Ram deceased to Aggarwal Dharamshala, Kurukshetra. They checked in room No.3 of the Dharamshala which was allotted to them by Suraj Bhan PW-9, Manager, after they made entry in the register. The accused signed as Pawan Kumar. Later in the evening the accused went to the dhaba of Subhash Chander PW-5 and brought a standard thali. The empty untensils were collected by Subhash Chander later from room No.3. On the following morning i.e. on February 17, 1988, the doors of the rooms were not opened. Suraj Bhan ultimately pushed open the doors and found that Sadhu Ram was lying dead. He informed the General Manager of the Dharamshala and as advised by him lodged a report with the police. DD Report No. 12 dated February 17, 1988, was entered at Police Station City Thanesar. Copy of the report was received by 51 Om Prakash PW -17. He proceeded to the Dharmshala and found the dead body lying in room No.3. He prepared inquest which was attested by Suraj Bhan PW-9 and one Moti Ram. He also got the dead body photographed and sent the dead body for post-mortem examination.

(3.) Dr. R.K. Jindal PW-1 conducted postmortem and found the following injuries on the dead body; 1. .5 x.5 cm abrasion in front of throat slightly towards the right side of the neck, just below thyroid cartilage. On dissection bleeding in subcutaneous tissue was present. 2. 1 x .5 cm abrasion on the back of neck 1 cm from midline on right side. 3. 1.x .5 cm abrasion on the back of neck 1 cm from midline on left side. 4. 5 x.5 cm abrasion on back of neck .5 cm lateral to injury No.3.On dissection injuries No.2 to A had infilteration of blood in the subcutaneous tissues.