SUBHASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant appeal is directed against the verdict recorded on 29/8/2013, upon Sessions Case No.31 of 2012, by the learned Sessions Judge, Hisar, wherethrough in respect of charges drawn qua offences punishable under Ss. 302/323 of IPC, he recorded a verdict of conviction against the accused. Moreover through a separate sentencing order drawn on 30/8/2013, the learned Sessions Judge, Hisar proceeded to sentence the convict to undergo life imprisonment in respect of an offence punishable under Sec. 302 of IPC, besides imposed in respect thereto, the sentence of fine comprised in a sum of Rs.1.00 lac. Moreover, on default of payment of fine amount, the convict became sentenced, to undergo rigorous imprisonment for a period of three years.

(2.) The convict becomes aggrieved from the verdict of conviction besides also becomes aggrieved from the imposition of sentence(s) (supra), upon him. Resultantly, through his instituting the instant appeal before this Court, he strives to seek annulments thereof.

(3.) The genesis of the prosecution case is embodied in the appeal FIR to which Ex.P8 is assigned. It is recorded thereins, that on 31/8/2011, the complainant Amar Singh, made a statement to the police to the effect, that he has four brothers and that all of them are living separately with their families. Jogi Ram is stated by him to be his eldest brother and qua his fathering three sons and two daughters. Subhash son of Jogi Ram is stated by him to be residing in the village along with Jogi Ram. He records therein, that after taking drugs and liquor the convict-Subhash used to quarrel with his family members. It was during the night intervening 30/31/8/2011, when Jogi Ram was taking rest, on a cot lying in the Chabutra situated in front of their house, that then convict-Subhash was watching television. He recites therein that it was late in the night when Jogi Ram asked Subhash to switch off the television, whereupon Subhash got enraged and picked up an iron pipe from the Bhaithak, and attacked Jogi Ram. Upon hearing the cries of Jogi Ram, he (complainant), Murti Devi, Rama Devi, Ram Kali etc., reached the spot. They tried to rescue Jogi Ram, but Subhash attacked them also, and caused injuries to Murti Devi and Rama Devi. Jogi Ram had owing to abovesaid injuries died at the spot itself. Accused Subhash fled from the spot alongwith the iron-pipe, towards the agricultural fields. The complainant sought suitable action by the police against the culprit. Thereupon, the requisite FIR No.303 dtd. 31/8/2011, Police Station, Barwala under Sec. 307/323 of Indian Penal Code, was registered by the police.