DINESH KUMAR Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) Dinesh Kumar, resident of Gurukul School Colony Panchkula, District Ambala, has been convicted for offence under Section 302 of the Indian Penal Code by Shri M. S. Nagra, Sessions Judge, Ambala on 23.3.1992 and sentenced to undergo rigorous imprisonment for life and also required to pay a fine of Rs. 2,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of one year. Manohar Lal and Manju Sharma, the two companions of appellant who did not cause any injury were acquitted. The present appeal has been attempted by Dinesh Kumar.

(2.) Briefly the story of the prosecution is that Puran Chand and his son-in- law, Chaman Lal, have installed a small ginning machine near Jinendra Gurukul, Old Panchkula, reside in its vicinity and they had been earning their livelihood by filling quilts. They also improvised a kind of bathroom by hanging a few gunny bags. This bath-room was disliked by Dinesh Kumar who used to sell the stitched quilts on rehri which was usually located on the road side near the premises of the complainant. At about 6 p.m. on 12.12.1990 Dinesh Kumar along with his father Manohar Lal and maternal uncle Manju Sharma started unfastening of gunny curtains of the aforesaid improvised bath room, Chaman Lal objected to it. Puran Chand-complainant, the father-in-law of aforesaid Chaman Lal, his elder daughter Somi Rani and the younger one Bohti Devi and some passers-by tried to pacify Dinesh Kumar and his companions but of no avail. Dinesh Kumar picked up a scissors from his rehri and gave a blow in the abdomen of Chaman Lal and as result thereof, bleeding started. Puran Chand, father-in-law, placed Manohar Lal in a rickshaw and started proceeding towards some hospital but his son-in-law, Chaman Lal, died on the way. Shri Anil Kumar, Inspector of Police Station Panchkula was patrolling in a Government vehicle and he recorded the statement of Puran Chand at 6.10 p.m. at Jinendra Gurukul, Old Panchkula. The special report reached the Ilaqa Magistrate, Ambala the same evening at 10.30 p.m. The inquest report was prepared by Anil Kumar, Inspector on 12.12.1990 itself. The post-mortem examination was conducted on 13.12.1990 by Dr. R. S. Chauhan at Civil Hospital, Kalka. On 14.12.1990 Dinesh Kumar was arrested near the bus stand of Baldev Nagar, Ambala City. The scissors Exhibit P-5 was recovered on 14.12.1990 at the instance of the accused by Shri Sagar Chand, Assistant Sub Inspector (PW-6).

(3.) PW-3 Dr. R. S. Chauhan, Medical Officer of Civil Hospital, Kalka conducted the post-mortem on the dead body of Chaman Lal, aged 35 on 13.12.1990 and the injury found on his person was as under :-