SANJAY ALIAS LALU Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant challenges judgment dated 24.10.2005, passed by the Sessions Judge, Rohtak, whereby he has been convicted under Section 302 of the Indian Penal Code and order dated 27.10.2005, whereby he has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5000/-. In default of payment of fine, the appellant has been ordered to further undergo rigorous imprisonment for one year.

(2.) The appellant is accused of the murder of Jai Kishan son of Ram Kishan. As per the version set up by the prosecution, at about 9.30 P.M. on 24.04.2004, Jai Kishan-deceased, his father, PW10 and brothers Zile Singh, PW9 and Sonu were in their house situated at Tej Colony, Khokhrakot. They heard someone hurling abuses, outside their house. They came out, saw the appellant standing in the chowk in front of their house and asked him to leave. The appellant asked Jai Kishan to leave him at the house of Bittu, situated in the cremation ground. Jai Kishan, deceased, decided to accompany the appellant and was followed by Zile Singh. As Jai Kishan and the appellant reached near the gate of the cremation ground, an altercation ensued whereupon the appellant took out a knife from his pocket and inflicted two blows on the chest of Jai Kishan, who fell down. The appellant inflicted more knife blows to Jai Kishan. Zile Singh immediately raised an alarm, which caused Ram Kishan and Sonu to reach the spot, but the appellant managed to escape. Jai Kishan was removed to PGIMS, Rohtak, where he succumbed to his injuries at 12.20 A.M. on 25.04.2004. The Incharge, Police Post PGIMS, Rohtak, received a message, Ex.P5, from the Medical Officer, PGIMS, Rohtak, that one Jai Kishan has been admitted with serious injuries. The Incharge, Police Post, PGIMS, Rohtak, informed PW12-Vijender Singh, Sub Inspector, Incharge, Police Post Sabzi Mandi, Police Station, City, Rohtak, about this incident. Vijender Singh, reached PGIMS, Rohtak, where he was informed that Jai Kishan had passed away on account of injuries. He went inside the hospital but could not find anybody near the dead body and then went to the house of the deceased but found the house locked. Vijender Singh returned to the hospital in the morning of 25.04.2004 and recorded the statement of Zile Singh, brother of the deceased between 8.00 A.M. To 9.00 A.M, Ex.PB The statement was forwarded to the police station after making an endorsement Ex.P8/A, which led to registration of FIR No.176, dated 25.04.2004, under Section 302 of the Indian Penal Code, at Police Station City, Rohtak, at 9.30 A.M.

(3.) Vijender Singh conducted inquest proceedings and forwarded the dead body of Jai Kishan for post mortem examination.