VINOD Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide impugned judgment of conviction dated 9.2.2008 and order of sentence dated 13.2.2008 passed by the Sessions Judge, Rohtak, the appellant was convicted under Section 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/- and in default of payment of fine, to further undergo rigorous imprisonment for three months. The period of detention already undergone by the appellant was ordered to be set off against the substantive sentence.

(2.) According to the prosecution, on 26.2.2004, ASI Ram Kishan, alongwith other police officials, was going to village Singhpura and when he reached Jind bye-pass Chowk, complainant-Jaibir, alongwith his brother-in-law, Naseeb Singh met him and got recorded his statement Ex.P4 to the effect that he was married to Anita about 16 years back. On 5.2.2004, the complainant called Basant, a Vaid, resident of Indergarh to his house for check up of his daughter Priti as she was ill for the last three months. In the meanwhile, Vinod and Ved Pal accused also came there and asked him that it was not proper on his part to call such persons for anti-social activities at his house. They also threatened him with dire consequences. An altercation took place between his wife Anit, on one hand and Vinod and Ved Pal, on the other. On 6.2.2004 accused Vinod, Ved Pal and Ranbir again came to his house and threatened to kill him. The complainant called his brother-inlaw Naresh from village Sundana, who got the matter compromised. On 25.2.2004, the aforesaid accused persons came to the house of the complainant and had an altercation with his wife Anita whereupon his wife called her brother Naresh and nephew Karambir and in their presence also the aforementioned accused persons abused and threatened to kill them.

(3.) On 26.2.2004 at about 5.30 a.m., his wife Anita went to the fields to ease herself. The complainant heard shrieks and cries of his wife from the fields saying 'Mar Diya Mar Diya Bachao Bachao'. The complainant, alongwith Naresh and Karambir reached the spot and noticed Ved Pal alias Pale accused holding Anita and Vinod accused causing injuries to her with a Pharsa. Ranbir Singh accused was present there while armed with a lathi.