CHANDGI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction dated 17.09.2009 and order of sentence dated 18.09.2009 rendered by the learned Additional Sessions Judge (FTC), Karnal, whereby the appellant was convicted for an offence punishable under Section 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/-. In default of payment of fine, the appellant to further undergo rigorous imprisonment for six months.

(2.) The prosecution case was set in motion on the statement of Gurnam Singh son of Joga Ram resident of Village Bhauji Khalsa made to SI/SHO Bhim Singh, P.S. Indri on 14.09.2008. In his statement (Ex.PA), Gurnam Singh stated that yesterday i.e. 13.09.2008, his father Joga Ram (deceased) consumed heavy quantity of liquor. His uncle namely Chandgi Ram son of Shugan Chand also consumed liquor with his father. Under the influence of liquor, a quarrel took place between them. He stated that after persuading his father Joga Ram not to quarrel, he laid his father on cot to rest in Panchayat Bhawan at about 2.30 AM in the night, where he used to sleep daily. Chandgi Ram, who used to sleep besides his father in the Panchayat Bhawan, also laid down on his cot to rest, when he made him understand. Thereafter, he went to sleep in his house alongwith his wife Jeeto and children. At about 3.00 AM, upon hearing loud voice of his father and Chadgi Ram, he asked his wife Jeeto to go there and make them understand. Thereafter, his wife Jeeto went to Panchayat Bhawan, which is near their house. She advised them not to quarrel. He stated that in the presence of his wife Jeeto, Chandgi Ram cut bites on the chest and shoulder of his father Joga Ram and also gave a brick blow on the head of his father while he was lying on the cot. He stated that on hearing alarm raised by his wife Jeeto that Chandgi Ram had caused injuries to his father, he and his brother Jangsher ran towards Panchayat Bhawan and saw that his father was lying unconscious on the cot smeared with blood. He stated that Chandgi Ram ran away from the spot after inflicting injuries. After some time, his father succumbed to the injuries. He stated that after the death, they shifted the dead body of his father to verandah of their house from Panchayat Bhawan. On the basis of such statement, ruqa (Ex.PK) was sent to the Police Station for registration of an FIR. On receipt of ruqa, FIR (Ex.PA/2) was lodged on the same day under Section 302 IPC.

(3.) Thereafter, SI Bhim Singh the Investigating Officer, reached at the spot. He inspected the place of occurrence and prepared rough site plan Ex.PL. He also informed the Crime Team as well as DSP Surinder Singh Voria. SI Bhim Singh also took into possession dari, pillow cover and sign of blood from the wall and doors. All the articles were converted into separate sealed parcels and taken into possession vide memo Ex.PM. After preparing inquest report, he sent the dead body of Joga Ram to General Hospital, Karnal for post-mortem examination through Constable Shamsher Singh and EHC Naresh Kumar.