SUNIL KUMAR Vs. STATE OF U T

JUDGEMENT

(1.) Accused Sunil Kumar has challenged the judgement of conviction and sentence passed by the trial Court under Section 302 IPC.

(2.) The statement of PW10 Ram Lakhan, brother of deceased Kiran had given rise to the registration of the first information report. His statement gives a graphic account of the occurrence of murder. He has stated that on 17.2.2009, at about 9.15 p.m. he received a call from his sister PW7 Kanta that the children of Kiran, namely, Sandeep and Ginni had come to her residence and informed her that accused Sunil Kumar who is their father was attacking their mother Kiran on her head with a danda. PW7 Kanta, the sister of deceased Kiran had already reached the house of deceased Kiran. PW10 Ram Lakhan who was also the brother of deceased Kiran having received such an information from his sister Kanta, galloped to the house of Kiran. His sister Kiran was lying in a pool of blood. Accused Sunil Kumar having thrown away the danda, ran away from the house. The police was requisitioned and thereafter in the police van, Kiran was taken to PGIMER, Chandigarh. The Doctors declared her as brought dead. PW10 Ram Lakhan has corroborated his version in the first information report. PW7 Kanta also has supported the case of the prosecution.

(3.) PW6 Sandeep was the son of accused Sunil Kumar and deceased Kiran. He was 8 years old at the time when the occurrence took place. Learned Sessions Judge having assessed his mental capability to understand and answer intelligently the questions put to him, chose to record his evidence. PW6 has categorically deposed that his mother Kiran who had a headache, was pestered by his father Sunil Kumar asking for money for purchasing liquor. As she refused to part with any money, accused Sunil Kumar indiscriminately attacked Kiran with a danda. The head of his mother was completely broken. The bone inside was found visible. She was profusely bleeding. He also spoke about the arrival of PW7 and PW10 at the scene of occurrence on the basis of the information he passed on to PW7.