BUDH RAM ALIAS SUNDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been filed by appellant-Budh Ram alias Sunder against the judgment and order dated 1.8.2008/5.8.2008 passed by Sessions Judge, Bhiwani whereby he has been held guilty for the offences under Sections 302 and 449 of the Indian Penal Code ('IPC' for short) and sentenced to undergo life imprisonment and to pay a fine of Rs. 15,000/- and in default of payment of fine to further undergo rigorous imprisonment for two years for the offence under Section 302 IPC. He has also been sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 10,000/- and in default of payment of fine to further undergo rigorous imprisonment for one year for the offence under Section 449 IPC. However, both the sentences have been ordered to run concurrently.

(2.) The brief facts of the prosecution case are that in the present case FIR has been registered on the statement of Jaswant son of Jai Lal given to SI/SHO Indiwar at 10.05 a.m. at Police Station Bawanikhera on 1.8.2007. He mainly stated that his mother Lali Devi and brother Kamal Singh were living in the house near the Chameli Johar. Complainant and his other brother Satish were residing separately. As Kamal Singh had gone on trucks for the last one month, therefore, the complainant's minor son aged about 8 years, namely, Gaurav used to sleep with Lali Devi during night. On the intervening night of 31.7.2007 and 1.8.2007 at about 2.00 a.m. complainant's son Gaurav came running to the house in perplexed and frightened condition. On their inquiry while weeping, he told that Sunder is giving axe blows to his grand-mother Lali Devi. Then complainant and his elder brother Satish came running immediately and saw Sunder son of Chiranji coming down from stairs case and on seeing them he ran away. They saw Sunder was having an axe in his hand. When they went on the roof, they found that their mother was having severe injuries with sharp edged weapon on her mouth, temple, back and shoulder etc. and she died immediately. The motive behind the occurrence was that Sunder used to say frequently to them that they had got sold his land and he would teach them a lesson for it. After recording the statement, 'Ruqa' was sent to Police Station on the basis of which FIR was registered. Then SI/SHO along with other Police officials reached at the spot. Spot was inspected. Inquest report was prepared. Statements of witnesses were recorded. Rough site plan was prepared. The dead body was sent for post-mortem examination.

(3.) On the morning of 2.8.2007, Jaibir, Sarpanch of Village Achina produced accused Sunder, whose real name was Budh Ram. On interrogation, the accused made disclosure statement and then in pursuance of the disclosure statement, he got recovered axe which was taken into Police possession after preparing sealed parcel. After necessary investigation, challan was presented in the Court.