DALBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant-Dalbir has filed this appeal against the judgment of conviction and order of sentence dated 7.8.2008 passed by Sessions Judge, Karnal 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. 10,000/- and in default of payment of fine to further undergo rigorous imprisonment for two years for the offence under Section 302 IPC.

(2.) The brief facts of the prosecution case are that FIR was registered on the statement of Kadam Singh which he got recorded to SI/SHO Manbir Singh of Police Station, Indri on 1.2.2007 at 9.30 a.m. In the statement, Kadam Singh deposed that they are four brothers born from Parmeshwari and two brothers were born from step-mother Sundri. His brother Jasmer son of Manohar Lal was born from his mother Sundri and he was unmarried. On 31.1.2007, the complainant was on duty from 10.00 a.m. to 6.00 p.m. in Sugar Mills. After attending his duties, he came back to his home in Village Garhi Gujran as usual. The previous night, he, his brother Jasmer, his uncles Shamsher and Mohinder were returning to their house after switching on the tube-well motor. His brother Jasmer was going ahead of them. At about 11.15 p.m., when Jasmer was passing through the hut of Dalbir, he came out from his hut, on seeing him, with 'Kulhari in his (accused) hand and said that he had quarrelled with him and gave injuries to him about 15-20 days back under the influence of liquor and he would teach him a lesson. Dalbir gave straightway 'Kulhari' blow to his brother Jasmer, which hit him on his head due to which he fell down. Dalbir gave second 'Kulhari' blow on the person of Jasmer, who was lying face downward, which hit him on the backside of his neck. When the complainant and his uncle went there while running, Dalbir fled away from the spot with 'Kulhari'. The complainant further stated that his brother Jasmer died at the spot. Dalbir had committed the murder of his brother Jasmer on account of previous enmity. Then the complainant went to Village Nara to inform his maternal uncle after leaving his uncles near the dead body of his brother Jasmer on the spot. After informing his maternal uncle, when he was going to Police Station to report the matter, the Police party met him on the way and his statement was recorded. 'Ruqa' was sent to the Police Station, on the basis of which formal FIR was registered.

(3.) The Investigating Officer reached the place of occurrence.