DEVENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an appeal filed by appellant-Devender against judgment and order dated 10.1.2008/11.1.2008 passed by the learned Additional Sessions Judge, Panipat, whereby the appellant has been held guilty for the commission of offence punishable under Section 302 of the Indian Penal Code (IPC' - for short) and sentenced him to undergo rigorous imprisonment for life and to pay fine of Rs. 50,000/- and in default of payment of fine to further undergo imprisonment for one year.

(2.) The brief facts of the prosecution case are that Roopa Ram had three sons. Devender is the eldest, then Kaptan and the youngest is Ravinder Singh (complainant) of the present case. They all were married and living together. Devender's wife had gone to her parental home about 15-20 days prior to the occurrence. On the evening of 1/2.10.2006, there were some heated arguments between complainant's father and brother Devender regarding partition of land. After that he persuaded them and they all went to sleep in different rooms on the Chaubara'. His mother had slept in the ground floor and his father slept on the Baithak'. At about 2.00 a.m., he heard the noise of Mar diya' Mar diya' (being killed- being killed). He got up and on reaching in the Baithak', he saw that his father was lying on the floor, stained with blood and his brother Devender was standing there having a spade in his hand. On seeing him, Devender ran away with the spade. His brother Kaptan and cousin Satish alias Kala also came at the spot. They took their father for treatment, however, he breathed his last in the street due to excess injuries. They took him in the Baithak' and lay down him on the floor. The complainant stated that his brother Devender committed the murder of his father Roopa Ram by giving Kassi' (spade) blow on his neck. The statement of complainant-Ravinder Singh was recorded by ASI Balbir Singh and a Ruqa' was sent at 12.15 a.m. on 2.10.2006 to Police Station, Madlauda for registration of case through EHC Ishwar Singh, on the basis of which formal FIR (Ex.PW10/A) was registered by ASI Siri Krishan. Special report was sent to the Illaqa Magistrate through Constable Parveen Kumar.

(3.) Then ASI Balbir Singh started investigation, inspected the place of occurrence and prepared rough site plan (Ex.PW.10/C). He prepared the inquest report (Ex.PW.8/C). He had taken into possession blood stained pieces of Baan' (strings of cot), piece of bed sheet, piece of Dari', piece of pillow cover, piece of Loi/Chaddar' and soil from the spot of occurrence. He also lifted blood stained soil from the public street which were converted into separate sealed parcels. The dead body of Roopa Ram was sent for post-mortem examination. PW-8 Dr. Dalip Singh, Medical Officer, Civil Hospital, Panipat conducted the post-mortem examination on the dead body of Roopa Ram and found the following injuries:-