VED PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant-Ved Parkash has filed this appeal against the judgment of conviction and order of sentence dated 14.2.2008 passed by Additional Sessions Judge, Hisar whereby he has been held guilty and convicted for the offence under Section 302 of the Indian Penal Code (hereinafter referred to as 'IPC') and sentenced to undergo 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 six months for the offence under Section 302 IPC.

(2.) The brief facts of the prosecution case are that the FIR has been registered on the statement of Ishwar Singh, who mainly stated that they were seven sisters and brothers and his sister Manchahi was younger to him, whose marriage was celebrated about 25 years ago with Ved Parkash. She had three children. The eldest son is Ajmer, who is missing for the last two/three years. Younger to him is Asha, who is married and the youngest is son Jasmer, who is aged 12/13 years. His brother-in-law Ved Parkash was having suspicion about the character of his sister Manchahi. There used to be quarrel between them. One day earlier to the occurrence, there was a quarrel between the two. On receipt of this information, he had come to the house of his sister at Mohla on that day in the morning for the purpose of reconciliation between them. His sister Manchahi, his brother-in-law Ved Parkash and his nephew Jasmer were present in the house. He tried to understand his sister Manchahi and brother-in-law Ved Parkash not to quarrel, but Ved Parkash did not agree. On this, the complainant went to the house of Dharampal, brother of Ved Parkash to summon him. When he came back from the house of Dharampal at about 10.00 a.m., Ved Parkash was found sitting over complainant's sister Manchahi by laying her down on the ground and was inflicting injuries with the brick holding in his hand on the head of Manchahi. His nephew Jasmer was raising noise of 'Save, Save'. By running the complainant came nearby. Ved Parkash leaving Manchahi ran away from the place of occurrence holding the brick in his hand. The complainant lifted Manchahi and lay her on a cot, but at that time she succumbed to her injuries. He gave information of this occurrence in his village, on which his uncle Dhoop Singh, Balbir Singh and other respectable persons of the village came there, to whom he narrated the fact and leaving them near the dead body of Manchahi, he was going to Police Post, Bass to give information, when the Police party met him at the Bus Stand, Bass. The complainant got recorded his statement to ASI Ram Roop, In-charge, Police Post Bass on 1.12.2005 at 7.00 p.m. 'Ruqa' was sent to the Police Station on the basis of which formal FIR was registered.

(3.) Then ASI Ram Roop along with the complainant Ishwar Singh and other Police officials reached Village Mohla and found Dhoop Singh and Balbir Singh present near the dead body of Manchahi. Inquest proceedings Ex.P.4 were conducted. Rough site plan Ex.P.25 was prepared.