SUNDER @ SURENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant Sunder @ Surender has preferred the present appeal against the judgment dated 18.02.2008 and order of sentence dated 20.02.2008, passed by the Sessions Judge, Rewari, vide which he has been convicted and sentenced to undergo life imprisonment and to pay a fine of Rs.1,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of three months under Section 302 IPC.

(2.) Brief facts of the prosecution case are that FIR in the present case has been registered on the statement of Anil Kumar @ Bholu son of Des Raj (deceased). As per prosecution version, Des Raj was running a milk dairy and he had employed Surender @ Sunder, who was living in the dairy since six months. On 04.07.2006 at about 10:00 a.m., Surender switched off the electric motor. Des Raj scolded Surender Singh. On that, Surender Singh replied that he is not doing work for being scolded as he works only for food and wine and do not take the money and he will not tolerate the threat.

(3.) During the night, accused Surender asked Des Raj that he will not live with him and asked him to give Rs.100/- because he has to go to his home. Des Raj gave him Rs.100/- and advised him to go on the next day. After taking the meal, Surender accused and Des Raj (deceased) went to sleep and complainant went to home. At about 5:00 a.m., when mother of the complainant namely Bimla came to Dairy at Kalaka for taking milk, she found Des Raj murdered. She started weeping. Bharat, uncle of the complainant, and the complainant also came running. Then information was given to the police by Bharat. Inspector Sheoraj, SHO, Police Station Model Town, Rewari, on receiving information reached the spot and recorded the statement of complainant Anil Kumar at 6:30 a.m. on 05.07.2006. Ruqa was sent to the police station on the basis of which FIR was registered. Spot was inspected. Inquest report was prepared. Blood stained earth was taken into police possession after preparing the sealed parcel. Dead body of Des Raj was sent for post mortem examination to General Hospital, Rewari. Accused was arrested on 05.07.2006. On interrogation, he got recovered 'kulhari' and after preparing the sketch of the said weapon, the same was converted into a sealed parcel and was taken into police possession.