MOHD AHSAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Accused Mohd.Ahsan who was convicted under Section 302 IPC and was sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- and in default of payment of fine, to undergo a further period of 1 year has challenged the same before this Court.

(2.) The case of the prosecution had been well described in the statement of PW-10 Devi Dayal which reads as follows:- On 17.8.2005 at about 11.30 p.m. Devi Dayal was taking meal at Shiv Dhaba in front of bus stand, Jagadhari. Charan Singh and Rajiv Sharma also were taking meals at Shiv Dhaba. PW-11 Neeraj Gulati and deceased Vikrant also came alongwith their companions to Shiv dhaba for taking meal. Deceased Vikrant called one of the waiters of dhaba "Hello". Accused Mohd.Ahsan who was smoking a cigarette in the dhaba abused deceased Vikrant by calling him "Salle" (brother-in-law). Thereafter, the accused got up from his seat and started grappling with deceased Vikrant. Vikrant and accused Mohd.Ahsan came out of the dhaba. PW-10 and his companions Charan Singh and Rajiv Sharma made an attempt to separate them. In the meanwhile, Mohd.Ahsan took out a glass bottle from his Maruti car bearing registration No.DL3CG/7729 which was parked in front of the dhaba and after breaking the glass bottle delivered two blows on the left side of the chest of Vikrant, gave a blow on the left arm and delivered two blows near the left armpit. Vikrant fell down on the ground with blood oozing out in huge quantity. Mohd.Ahsan fled away from the spot after leaving his car. Vikrant was taken to Aggarwal Hospital for treatment by PW-10 and his companions. Thereafter, he was rushed to Civil Hospital, Jagadhari and got admitted. After some time, injured Vikrant succumbed to the grievous injuries he sustained in the occurrence.

(3.) Pw-10 Devi Dayal, PW-11 Neeraj Gulati and PW-11 Rajiv Kumar who were eye witnesses to the occurrence completely supported the case of the prosecution. The glass pieces were recovered from the scene of occurrence by the investigating official. The FSL report would disclose that glass pieces contained human blood.