RAMESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant was convicted for the offence under section 304 Part II of the Indian Penal Code and was given the benefit of probation under section 4 of the Probation of offenders Act by the learned Sessions Judge, Rohtak. He was further directed to pay a compensation of Rs. 4000/- to Braham Parkash, husband of Smt. Bimla deceased. Hence this appeal against his conviction and order of probation.

(2.) The prosecution case as set up at the trial was that on 25th September, 1982, at about noon time, Smt. Bimla (since deceased) took her she-buffalo to the village pond to make it drink water. When she was returning to her house, Ramesh appellant met her on the way. He asked her as to why her cow had damaged his jowar crop. Smt. Bimla replied that the cow was being grazed by the grazier and that it never damaged his crop. The appellant did not feel satisfy with the explanation given by Smt. Bimla and started giving her fist blows and slaps. He threw her on the ground, lifted her bodily and again struck her against the ground. He also gave knee blows in the chest and abdomen of Smt. Bimla. It is alleged that at that time she was in an advanced stage of pregnancy. The occurrence was witnessed by Smt. Dhapan (P.W. 5), Smt. Phulan (P.W. 6), Smt. Shanti and Smt. Madan and these witnesses rescued Smt. Bimla from the clutches of the appellant and took her to her house.

(3.) Smt. Bimla narrated the occurrence to her father-in-law Man Singh (P. W. 4), who runs a shop in Jhajjar city. She told him that she was beaten by Ramesh appellant because he suspected that her cow had damaged his jowar crop.