ARUN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANT - Arun Kumar alias Nitu has filed this appeal against judgment of conviction dated 1-4-2002 and order of sentence dated 3-4-2002 passed by the learned Additional Sessions Judge, Rohtak, whereby he was convicted under S.302 of the Indian Penal Code and sentenced to undergo Rigorous Imprisonment for life along with fine of Rs. 500/- and in default of payment of fine, to undergo further Rigorous Imprisonment for a period of one month.

(2.) PROSECUTION story, as described and established at the trial, is like this : - On 15-7-1997, at about 6.30 p.m. Khazan Singh, complainant (P.W. 9) along with his wife Darshna Devi (PW 10) and his son Pardeep Kumar (since deceased) was sitting in the courtyard of his house situated in Village Garhi Ballabh, District Rohtak. At that time, they were talking inter se. In the meantime, Pardeep Kumar (22 years), son of the complainant, went towards the street for urinating. In the meantime, an altercation took place between Pardeep Kumar and Arun Kumar alias Nitu. On hearing their noise, the complainant went towards them to intervene and ultimately, Pardeep Kumar was brought back by his father (complainant). Then, Arun Kumar, appellant left for his house saying that he would teach him (Pardeep Kumar) a lesson. Pardeep Kumar kept standing at the gate of his house. In the meantime. Arun Kumar, appellant reached there with a ballam (a pointed weapon) and gave a blow of ballam from its sharp side which hit left side of the chest of Pardeep Kumar and then fled away. As a result of the injury, Pardeep Kumar fell - down in the street. Thereafter, Khazan Singh (P.W. 9) and Darshna Devi (P.W. 10) shifted their injured son to P.G.I., Rohtak after arranging a vehicle. On examination by Dr. R.P. Verma, (P.W. 1) at P.G.I. Rohtak, Pardeep Kumar was declared dead at 7.25 p.m. on 15-7-1997. Thereafter, a V. T. message regarding the death of Pardeep Kumar was received by (P.W. 2) H. C. Sukhbir Singh from the Police Post of PGI, Rohtak. Thereupon, (PW 12) S.I. Guljar Singh, who was initially the Investigating Officer in this case, rushed to the Casualty Ward of the hospital and there, he met Khazan Singh (P.W. 9) (complainant) at the gate. He then recorded the statement Ex. PQ of Khazan Singh, father of the deceased, at 9.30 p.m. and then made his endorsement Ex. PQ / 1, whereupon formal FIR Ex. PQ / 2 was recorded at 11.00 p.m. by Sukhbir Singh, MHC in Police Station, Kalanaur. P.W. 12 Guljar Singh, the then SI / SHO Police Station, Kalanaur, prepared the inquest report, Ex. PJ and then sent the dead - body for post - mortem examination. After that the Investigating Officer along with other police officials and the complainant reached the place of occurrence in the morning of 16-7-1997. There, he prepared the rough site plan (Ex. PV) with correct marginal notes in his hand. From the spot, he lifted blood - stained earth and converted the same into a sealed parcel. Then, the same was taken into possession vide recovery memo Ex. PR. He also recorded the statements of HC Om Parkash, Khazan Singh (P.W. 9), complainant and Smt. Darshna Devi (P.W. 10) under S.161 of the Code of Criminal Procedure. Then, on receipt of the information regarding the admission of accused - appellant Arun Kumar in the P.G.I., Rohtak, he (Investigating Officer) went there and collected ruqa and MLR (Ex. PO) of accused - appellant Arun Kumar. Arun Kumar was discharged from the hospital in the next morning.

(3.) AFTER completion of the formal investigation of the case and receipt of the report from the Forensic Science Laboratory and Chemical Examiner, the appellant was challaned for commission of offence, punishable under S.302 of the Indian Penal Code. The appellant was charge - sheeted vide order dated 6-11-1997, to which he pleaded not guilty and claimed trial.