BANSA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an appeal by Bansa accused against the judgment dated August 7, 1995, and the order dated August 8, 1995, vide which he was convicted under Section 302, Indian Penal Code, and sentenced to undergo imprisonment for life and to pay a fine of Rs. 2,000/- passed by the Additional Sessions Judge Kaithal.

(2.) Brief facts of the case as emerging from the prosecution case are that Kashmira deceased was living separately from his father and other brothers with his wife and two children in village Paharpur. He was allegedly having illicit relations with Smt. Chalo Devi alias Sallo Devi (PW-6) had gone to her parents village Khakha. It is alleged that on 21st September, 1992 at about 8 P.M. Bansa accused met Kundan Ram (P.W.2), who is the father of the deceased, near the liquor vend of the village, and told him that he would not spare his( Kundan Ram's) son Kashmira. At that time the accused was in a drunken condition. Kundan Ram (P.W.2) took it in a lighter way as the accused was in a drunken condition and thus, he thought that the accused was not in his senses. However, Kundan Ram went to the house of his son Kashmira at about 11 P.M. in order to bring to his notice the utterings of the accused. As at that time Kashmira was sleeping in the courtyard outside his residential house. Kundan Ram did not awaken him and went back to his own house. At about 4 A.M. his uncle Jawala Ram came to the house of Kundan Ram and told him that at about 3 am. Bansa Ram accused had killed Kashmira by giving him a gandasi blow on the neck and himself fled away from the spot with the Gandasi. Jagir Ram Panch (P.W.3) and Piara Ram (P.W.4) had seen Bansa Ram accused running away from the spot with the Gandasi in hand. Kundan Ram (P.W.2) along with his uncle Jawala Ram went to the house of Kashmira deceased and saw him lying dead in bleeding condition in a small street adjacent to his house. They found Jagir Ram Panch (P.W.3) and Piara Ram (P.W.4) and many other people of the village present at the spot. Kundan Ram then left for Police Station in order to lodge the first information report- after leaving behind Jagir Ram (P.W. 3) and Piara Ram (P.W.4) at the spot in order to guard the dead body of Kashmira deceased. Kundan in took Sukhi Ram Sarpanch from village Umedpur along with him. The police Pam headed by S.I. Devi Chand met Kundan Ram and Sukhi ram Sarpanch near the school of village Sair in a government vehicle as they were on patrol duty, S.I. Devi Chand recorded the statement of Kundan Ram (P.W.2). on the basis of which formal first information report was recorded at 11.45 A.M. on September 22, 1992 at Police Station Siwan, District Kaithal.

(3.) Then the S.I. Devi Chand (P.W.7) reached the spot. He conducted the inquest proceedings on the corpse of Kashmira. He took the bloodstained earth and the quilt of the deceased into possession. After doing the other formalities, he sent the corpse of Kashmira for post-mortem examination.