SURINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) ASSAILING the prosecution version and its evidence in entirety, appellant -convict Surinder son of Pala (for brevity "the appellant") has preferred the instant appeal to challenge the impugned judgment of conviction dated 6.9.2000 and order of sentence dated 7.9.2000, by virtue of which, he was convicted and sentenced to undergo rigorous imprisonment for a period of ten years, to pay a fine of Rs. 5000/ - and in default thereof to further undergo RI for a period of six months for the commission of an offence punishable under section 304 Part -1 IPC by the trial Court of Sessions Judge.

(2.) TERSELY , the facts and evidence, unfolded during the course of trial, culminating in the commencement, relevant for disposal of the present appeal and emanating from the record, as claimed by the prosecution, is that on 18.6.1998, the appellant was quarreling with Chaman and Pala. They were abusing each other. Satish Kumar, son of complainant Dhanpati (PW1) asked him not to quarrel with each other. Thereupon, the appellant caught hold of Satish Kumar by his neck, felled him on the ground and gave him fists and kick blows in his abdomen and testicle. PW1, her daughter Rani (PW2) and brother -in -law (Jeth) Dharam Pal (not examined) intervened and tried to rescue Satish Kumar from the clutches of the appellant. Thereafter, he fled away from the place of occurrence. Satish Kumar was removed to Hospital at Karnal in an injured condition for treatment, but as luck would have been, he succumbed to his injuries on the way.

(3.) AFTER completion of the investigation, the final police report (challan) was submitted by the police against the appellant to face the trial for the indicated offence.