KRISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Krishan (25) was convicted under Section 302 of the Indian Penal Code by judgment dated September 17, 1990, of the Additional Sessions Judge, Hisar, and sentenced to life imprisonment and a fine of Rs. 500/- in default of payment of which, he was sentenced to rigorous imprisonment for six months.

(2.) According to Chet Ram, father of the deceased as well as the accused, the accused was addicted to drinking. He was separated by him after giving his share of the land. Chet Ram, however, continued with his younger son Rai Singh, deceased in this case. On July 16, 1989, Chet Ram along with his son Rai Singh was hoeing their cotton crop in the field. The wife of Rai Singh named Vidya (P.W. 4), Chet Rams wife Man and his daughter Kalawati (P.W. 5) were also working in the field there. Krishan accused came there holding a Kasola in his hand and asked for Kat Singh. Finding him were, Krishan gave a blow with Kasola on the head of Rai Singh, followed by another blow on his left bicep. Rai Singh fell down. The accused then gave two more blows with the reverse side of the Kasola, hiding on the abdomen and left elbow of Rai Singh, Chet Ram and other witnesses named above rushed to rescue Rai Singh. The accused ran away with the Kasola.

(3.) Chet Ram removed the injured to Civil Hospital, Fatehabad, 17 KM5 away. Dr. N. Chakarverty (P.W, 10) sent ruqa at 7.20 P.M. to the police. P.W. 12 ASI Kanwarjit Singh reached the hospital. He found that the injured was unfit to make a statement. He found Chet Ram (P.W. 3) present. The ASI recorded his statement Exhibit Pc. It was forwarded to the police station and the First Information Report was entered at 9.15 P.M. under Section 308 of the Indian Penal Code. After sending the statement for registration of the case, ASI Kanwarjit Singh (P.W. 12) went to the spot at about 11 P.M. On the following morning, at about 4 A.M. he received another ruqa regarding the death of Rai Singh. He came back to Civil Hospital, Fatehabad, prepared inquest on the dead body and forwarded the dead body for post-mortem examination. He then went back and inspected the place of occurrence and recorded statements of Smt. Vidya, Kalawati etc., and prepared rough site plan of the place of occurrence. He also lifted blood-stained earth from the spot and scaled the same into a parcel. The accused was arrested on July 24, 1989. He was interrogated. He made a disclosure statement and in pursuance thereof got recovered Kasola Exhibit P-i from under a cot lying in a comer of a room of his house. It was made into a sealed parcel.