SALINDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) ON 25.07.2008 around 7 -7.30 P.M. Naresh a boy aged around 18 years was sent from his home by his father to bring medicine for their ailing cow and when he did not return Surinder Singh his elder brother PW -3 complainant in this case came out of the house to look for him at the medical store situated at the bus stand of their village Gagsina. When the complainant reached near the house of one Jagdish, he saw that his brother Naresh had been caught hold of from arms by Ram Saran and his younger brother Salinder Kumar, who was armed with a knife now both the present appellants. Accused Salinder Kumar gave a knife blow on the left side of the chest of the deceased, who fell down and on raising of raula, the accused ran away with the weapon. The injured was rushed to General Hospital, Karnal where he was declared brought dead.

(2.) ON information, police post Gharaunda intimated police post Moonak through Exhibit P -1 sent by PW -1 Dr. Jagtar Singh on the basis of which Kanwar Pal ASI PW -10 along with other police officials reached the hospital and recorded the statement of Surinder Exhibit P -9 upon which he made his endorsement Exhibit P -16 and sent the ruqa, leading to the registration of the FIR P -17 that is how the investigations into this episode got initiated culminating in the trial and conviction of both the accused i.e. Surinder for offence under Section 302 IPC and accused Ram Saran under Section 302/34 IPC and were sentenced them to undergo rigorous imprisonment for Life along with a fine of Rs.5,000/ - each under Section 302 read with Section 34 IPC and in default of making payment of fine, they shall further undergo rigorous imprisonment for a period of one year, which has been challenged before this Court in this appeal.

(3.) ON identification of the dead body, inquest proceedings Exhibit P -4 were prepared and request Exhibit P -2 was made to the doctor for post -mortem examination, which was conducted by PW -2 Dr. Sanjiv Grover, who gave his report Exhibit P -5.