LAWS(P&H)-2015-1-38

ASHOK Vs. STATE OF HARYANA

Decided On January 12, 2015
ASHOK Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) IN the present case, appellant has been convicted for the offence punishable under section 302 IPC vide judgment dated 16.01.2003 and in furtherance thereof has been sentenced to undergo rigorous imprisonment for life with payment of fine of Rs.5,000/ - and in default of payment of fine, he shall further undergo rigorous imprisonment for 6 months.

(2.) UNFOLDING the facts, complainant Jai Kanwar stated that he is cousin brother of Bhale Ram. Bhale Ram has 3 daughters and 2 sons, of which one daughter Suman is aged about 16 years while younger to her Parmila is aged about 14 -15 years. On 21.09.1999 at about 3 PM, the complainant was waiting outside his house for the milkman. At that time, Suman and Parmila were going towards the well situated near Bhaiyanpur village pond for taking water. When both the girls reached in front of the house of Sube Singh son of Munshi, the accused appeared there with a big knife in his hand and caught hold of Suman by her hand and dragged her towards him. Thereafter he started giving knife blows to Suman on her abdomen, chest, back, neck and on her left leg. On receipt of the said injuries, she started bleeding. Thereafter she and her younger sister Parmila raised alarm which attracted the complainant at the spot and on seeing him the accused ran away towards the village with the knife in his hand stained with blood. On hearing the alarm, Bhale Ram (father of the injured -Suman) and Bhim Singh reached the spot and they both saw the accused running away with a knife in his hand smeared with blood. The complainant, Bhale Ram and Bhim Singh immediately bandaged her abdomen injury and after arranging a vehicle she was taken to PGIMS, Rohtak and was got admitted there. Soon after arrival in the hospital, she expired on account of the injuries sustained by her and the doctor declared her dead.

(3.) THE case was committed to the Court of learned Additional Sessions Judge -II, Jhajjar vide order dated 03.01.2000 and accordingly the accused was charge sheeted on 03.01.2001 for the offence punishable under section 302 IPC and under section 25 of the Arms Act.