KEHAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) ACCUSED Kehar Singh has challenged the judgement of conviction and sentence passed by the trial Court under Section 302 IPC.

(2.) THE entire case of the prosecution has been focused through the testimony of PW7 Surinder Kumar. He deposed that he was the nephew of deceased Babu Ram. Babu Ram employed accused Kehar Singh for harvesting his sugarcane crop. On 13.4.2000 at about 3.00 p.m. when he was chatting with Babu Ram at his baithak, accused Kehar Singh came over there and demanded his labour charges. Babu Ram asked him to come later as his son had been to Jathlana. Accused Kehar Singh having insisted to pay the labour charges, hurled abuses at Babu Ram. Thereafter, Kehar Singh left the place wielding a threat that he would teach a lesson to Babu Ram. On the same day at 5.30 p.m. when PW7 Surinder Kumar and his cousin Ghanshyam were present in his bara, they heard a noise 'Maar Diya Maar Diya'. They scaled the wall of their bara and proceeded towards the baithak of Babu Ram. They witnessed accused Kehar Singh beating Babu Ram on the head, mouth and hands with an iron rod. They made an attempt to catch hold of Kehar Singh, but he ran away towards the fields. Babu Ram died on the spot. PW7 proceeded to the police station Jathlana and reported the occurrence and based thereupon, an FIR Ex.PG was registered.

(3.) PW 6 Dr.Vinay Chaudhary conducted post mortem examination on the dead body of Babu Ram aged 70 years on 14.4.2000. He found the following injuries on the dead body of Babu Ram: -