JITENDER @ SUNDU Vs. STATE OF HARYANA

JUDGEMENT

(1.) The accused who was convicted under Section 302 IPC and was sentenced thereunder has preferred the present appeal. Of course, coaccused Surender was acquitted by the trial Court. It is to be noted that none had preferred any appeal aggrieved by the acquittal of co-accused Surender.

(2.) The brief case of the prosecution has been tersely stated by the complainant PW-7 Satpal in his deposition before the Court. The same reads as follows.

(3.) Surender (since deceased) was PW-7 Satpal's brother. Surender was running his flour-mill, STD booth and electric shop in the area of Rishi Colony, Sonepat. PW-7's brother Surender and accused Surender Saini ran a shop in partnership. Six months prior to the occurrence, they got their business separated. In the said business transaction, a sum of Rs. 30,000/- was due and payable by the accused Surender to PW-7's brother Surender. As PW-7's brother Surender demanded the said sum of Rs. 30,000/- from accused Surender, there was an altercation on 6.8.2007. On 8.8.2007 at about 4.00 p.m., PW-7 Satpal proceeded to Rishi Colony on a motorcycle to fetch his nephew PW-8 Ashok Kumar. When he reached the shop of his brother Surender, accused Jitender and accused Surender were found catching hold of his brother Surender. Accused persons also had an electric goods shop near the shop of his brother Surender. Accused Surender was armed with a knife, whereas accused Jitender was armed with a screw driver. Within his sight, accused Jitender gave a screw driver blow on the left side of the chest of his brother Surender. PW-7 stopped his motorcycle and raised noise. On hearing his noise, his nephew PW-8 Ashok came over there from an adjacent street. PW-7 and PW-8 tried to catch hold of the accused persons, but they ran away on their motorcycle with their respective weapons towards the road leading to cremation ground. PW-7's brother Surender fell down on the ground. He was taken to Civil Hospital, Sonepat in a three-wheeler. The Doctor declared his brother dead after examining him.