KASU RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Accused Kasu Ram has filed this appeal being aggrieved by the judgment of conviction dated 4.8.2003 and the order of sentence dated 6.8.2003 vide which he was convicted under Section 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 2,000/-and in default of payment of fine he was ordered to undergo further imprisonment for a period of one year, for committing the murder of Roshni. In the present case, the complainant Smt. Nimbo is the wife of the accused Kasu Ram. The couple had a daughter, namely, Neelam and a son, namely, Shishpal, who were 22 and 18 years of age, respectively. Kasu Ram had left society of his wife more than 10 years prior to the occurrence. Both the children were brought up by his wife Nimbo, who was working as a Sweeper in the Municipal Committee at Uchana.

(2.) The deceased Roshni used to reside with Nimbo for the last about 20 years. She was Bua of the accused. Roshni was not married. She used to dress up like a male and her hair cut was also like that of a boy. Roshni used to wear pant and shirt. She was not liked by the accused in the manner in which she lived. On 11.7.2002, in the evening the accused Kasu Ram came in a drunken condition to his house. He asked Nimbo not to keep Roshni, but was told that she would be kept because the complainant was having children to look after. Then the accused threatened that if Roshni was not turned out of the house then he would kill her. During the night, the accused stayed in the house of Dariya and Giani Ram in the village. Next day on 12.7.2002 at about 11.00 P.M. the accused came with an axe and at that time Roshni was sleeping by the side of Nimbo in the open compound while her son and daughter-in-law were sleeping inside the room. The accused gave a Kulhara blow on the temporal region near the left ear of Roshni. Nimbo raised a noise and her son got up, upon which the accused ran away. Roshni was immediately taken to General Hospital, Jind for treatment but died on the way. On the basis of statement of Nimbo, the accused was charged under Section 302 IPC and the case was committed to the court of Sessions vide order dated 11.10.2002.

(3.) The accused was arrested on 16.07.2002 and was interrogated. He led the police party to the recovery of the axe, which was allegedly used by him in the commission of the crime.