ASHOK KUMAR AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal directed against the judgment dated 22.7.2002 vide which all the accused have been convicted under Section 304 IPC. It is, however, subsequently clarified while passing the order of sentence dated 25.7.2002 that the case in hand falls within the ambit of Section 304 Part II IPC and thereby sentenced all the accused to ten years rigorous imprisonment and fine of Rs. 2,000/ - each. In default of payment of fine the accused shall have to undergo additional rigorous imprisonment for one month.

(2.) ALL the three accused are real brothers. On 17.2.2001 at about 00.30 A.M., Tara Chand, father of the accused persons made statement Ex. PD/1 before the Police that his wife Smt. Bala had developed illicit relations with one Om Parkash, resident of Sonepat. His sons (the accused persons) were under the influence of their mother. The complainant had forbidden his wife not to have any relation with said Om Parkash. On 16.2.2001 at about 7.30 P.M. while Tara Chand was asking his wife to refrain from indulging in such activities, she started hurling abuses to him and at her instance their sons Jai Kanwar attributed lathi blow on his head while accused Satyawan and Ashok Kumar gave danda blows on his hand and thighs. On raising alarm Mangat Ram and Charan Singh, brother and nephew of the complainant reached the spot and rescued him from the clutches of the accused persons. He was removed to the hospital and expired on 22.2.2001. On the basis of the said statement FIR was recorded on 27.2.2001.

(3.) THE wrist joint; right is swollen tender restricted movements. Advised X -ray of right wrist joint.