RAMESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal arises out of the following facts: One Ruhla had purchased a buffalo for Rs. 9,000/- on credit front Zakir (deceased), the brother of Asgar (P.W.-I I, whereas Nana was made to stand surety for the payment of the price. At about 9 or 9.30 A.M. on January 28, 1994. Zakir accompanied by Nazra and Sharafat (PW-2) approached Ruhla for the payment of the dues, but the latter refused to make the payment which led to an exchange of hot words. On this. Ramesh accused, Ruhla's son, brought a Kassi from inside the house and dealt two blows to Zakir causing him serious injuries. On hearing the alarm, Asgar also reached the place. Zakir was removed by Asgar and Akhtar first to the Government Hospital, at Gharaunda and thereafter to the General Hospital, Karnal. Asgar's statement was then recorded and on its basis, the F.I.R. was registered at Police Station, Gharaunda at 2.25 P.M. on January 28, 1994 for an offence punishable under Section 307 of the Indian Penal Code. On Zakir's death on February 4, 1994, the offence was converted into one under Section 302 of the Indian Penal Code. The accused was arrested and on the completion of the investigation, was charged for the aforesaid offence and as he pleaded not guilty, was brought to trial.

(2.) In support of its case, he prosecution examined P.W.-1 Asgar, the brother of the deceased and a eye-witness as also the first informant, who stated that the actual attack with the Kassi had been preceded by an exchange of hot words between the parties; P.W.-2 Jharafat, another eye-witness of the occurrence, who supported the version given by P.W.-1 Asgar; P.W.-4 Dr. Ashok Kumar, who had medico-legally examinned Zakir at 10.45 A.M. on January 28, 1994 in the Civil Hospital, Gharaunda and had found two injuries on his person and had referred the injured to the General Hospital, Karnal and had also sent the ruqa in this regard to the Police Station; P.W.-5 Dr. Amarjit Wadhwa, who had conducted the post-mortem examination on the dead body and had observed that the injuries could have been caused with a Kassi; P.W.-6 AS1 Dalip Singh, who had sought the opinion of the doctor with regard to the fitness of Zakir to make a statement but as he was not fit to do so, had instead recorded Asgar's statement, leading to the registration of the F.I.R., and P.W.-7 S.I. Ashok Kumar, before whom the accused had made a disclosure statement, leading to the recovery of the Kassi (Exh.P.2.)

(3.) The prosecution case was then put to the accused and his statement under Section 313 of the Code of Criminal Procedure recorded. He denied his involvement in the incident.