SUBHASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) SUBHASH , Hari Om alias Om and Parmod, the appellants stand convicted under Section 302 read with Section 34 IPC vide impugned judgment of learned Additional Sessions Judge, Rewari dated October 17, 1996 for allegedly causing the death of Parbhat Singh son of Hardhian Singh in the area of village Pali. They have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- each, in default thereof to undergo rigorous imprisonment for two years. Aggrieved by the impugned judgment of conviction and sentence they have preferred the instant appeal.

(2.) PARBHAT Singh (since deceased) aged 55 years was coming back to his house after attending the marriage of the daughter of Rantej of his village, when at about 10.0 P.M. the present appellants met him on the way in the lane. They caught hold of him. He requested them to leave him but they started giving him fist and kick blows. Consequently he fell down. Lala son of Mam Raj rescued Parbhat Singh from the appellants. He was removed to Civil Hospital Rewari. A ruqqa was sent to the concerned police whereupon ASI Sunder Lal (PW-9) of police post Kund (police station Khol) reached the hospital and recorded the statement of Parbhat Singh. Since no cognizable offence was made out, the said statement was recorded in the Daily Diary Register. Parbhat Singh died in the hospital on 31.1.1995, whereupon the formal FIR (Ex. PB/1) was registered under Section 302 read with Section 34 IPC in the concerned police station.

(3.) WE have heard Mr. K.K. Aggarwal, learned Senior Advocate appearing for all the three appellants and Mr. Bijender Dhanker, learned Assistant Advocate General representing the State of Haryana. With the assistance of learned counsel for either side, we have gone through the entire record very minutely.