VINOD KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vinod Kumar, the sole appellant, who along with his two brothers namely, Rakesh Kumar and Subhash as well as one Purshottam alias Haathi son of Banwari Lal. faced trial under Section 302 / 34, IPC for causing death to Subhash son of Madan Lal in which the learned Additional Sessions Judge, Narnaul vide his judgment and order dated 22/24-2-1999 acquitted the above named co-accused but held the appellant guilty under Section 302, IPC and sentenced him to undergo RI for life and to pay a fine of Rs. 2000/- in default whereof to further undergo RI for one year, has assailed the aforementioned judgment and order in this appeal.

(2.) As per the case set up by the prosecution, the occurrence which led to the death of Subhash son of Madan Lal (hereinafter referred to as the deceased) took place during the intervening night of 7th and 8th May 1998 at about 11.30 O'clock in mohalla Dakotan, Narnaul, which led to the registration of FIR-No. 289 dated 8-5-1998 (Exhibit PC/2) at about 12.45 a.m.in P.S. Narnaul and a special report of which was received by the Chief Judicial Magistrate, Narnaul at about 1.30 p.m. on 8-5-1998.

(3.) In its endeavour to bring the guilt home against the appellant and his co-accused, the prosecution examined as many as 13 witnesses including Dr. K. K. Yadav (P.W. 1), who conducted post mortem of the body of the deceased, Smt. Gulabi Devi (P.W. 3) the mother of the deceased who witnessed the occurrence, and is also the complainant, Dinesh Kumar (P.W. 4) who is a neighbour and an eye-witness to the occurrence. Constable Dharam Pal (P.W. 9) - the Draftsman who prepared the site plan (Exhibit PG), Raj Kumar, Photographer (P.W. 10), ASI Rajinder Singh - the Investigating Officer (P.W. 12) and Gopi Ram (P.W. 13) who witnessed the recovery of weapon from the appellant, apart from some other formal witnesses.