SUKHPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Sukhpal was named as an accused in case FIR No. 37 dated 27.4.2000, registered at Police Station Jakhal, District Fatehabad. He was tried by Additional Sessions Judge, Fatehabad and was held guilty of offence under Section 304 Part II IPC for causing death of his mother Bhagwan Kaur. The Appellant was sentenced to undergo RI for seven years and to pay a fine of Rs. 5,000/-, and in default of payment of fine, to undergo further RI for six months.

(2.) It has come in evidence that the present Appellant was a habitual drunkard. On 26.4.2000 at about 2.30 P.M., Bhagwan Kaur and her husband Gur-charan Singh (parents of the Appellant) were present in the fields when the Appellant came there under the influence of liquor and started abusing them. After Gurcharan Singh restrained him from doing so, the Appellant lifted a kulhari lying there and gave a blow on the right foot of Bhagwan Kaur from its reverse side. He gave another blow on her right hand. Bhagwan Kaur raised an alarm. On hearing the noise, her husband came forward. Within his sight, the accused gave a kulhari blow from its reverse side on the right ear of Bhagwan Kaur and thereafter he ran away from the spot. The statement of Bhagwan Kaur was recorded as Ex.P1 wherein she named her son as the assailant.

(3.) Occurrence in the present case had taken place on 26.4.2000 at about 2.30 p.m. Statement of Bhagwan Kaur was recorded in the General Hospital, Tohana on 27.4.2000 at 2.30 p.m. Dr. H.L. Gupta, M.O., CHC, Jakhal, PW3 medico-legally examined Bhagwan Kaur, aged 60 years, on 26.4.2000 and found the following injuries on her person: