ATAM PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellant faced trial for the offence punishable under Section 302 of the Indian Penal Code (for short 'IPC') and was convicted and awarded sentence of imprisonment for life and to pay a fine of Rs. 1,000/ - in default of payment of fine to further undergo rigorous imprisonment for three months.

(2.) ON the same day, at about 08.00 P.M., Bhoop Singh (since deceased) brother of complainant along with Rajesh son of Ram Chand, Jai Bhagwan son of Chhotu, Jagbir son of Bhana and Bijender son of Nanu Ram were going towards the house of Sarpanch and complainant was behind them. On reaching in front of the house of appellant, the deceased told him that the decision of his in -laws in the Panchayat was not proper. They have taken away his wife along with all the dowry articles severing all their relations with him. This infuriated the appellant and he abused the deceased and asked him why he was making fun of him, as it was the deceased who had served tea to his in -laws in the Panchayat. Saying this, he attacked Bhoop Singh with a knife like strip and gave a blow on the left side of his chest and another blow in the middle of the chest. Bhoop Singh tried to run away but fell down. The appellant caused another blow to Bhoop Singh on the right side of his back, while he was lying on the ground. The persons accompanying him raised noise, at which the appellant ran away from the spot but was followed by Rajesh and Jai Bhagwan, who with the help of villagers caught him. The complainant, Jagbir and Bijender took care of Bhoop Singh and found that blood was oozing out from the chest injury. They immediately called a four -wheeler and took Bhoop Singh for treatment to Govt. Hospital, Hansi where Bhoop Singh was declared 'brought dead'.

(3.) THE trial Court found a prima facie case for the offence punishable under Section 302 I.P.C. against the appellant and framed the charge against the appellant accordingly to which he pleaded not guilty and claimed trial.