VIJAY HOMRUM Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 02.08.2008 rendered by the Additional Sessions Judge, Rewari, whereby appellant-accused Vijay Homrum was convicted for committing offence punishable under Section 302 of Indian Penal Code (for short 'IPC'). Vide order of sentence of even date, he was sentenced to undergo RI for life and to pay a fine of Rs. 5,000/- for committing offence under Section 302 IPC. In case of default of payment of fine, he was further ordered to undergo simple imprisonment for a period of four months.

(2.) Briefly prosecution case is like this; that on 20.04.2007, Ramphal Sarpanch of village Mumtajpur lodged a complaint Ex.PA with the police to the effect that one Jitender son of Partap Singh, resident of village Jholri had been working with him as labourer for the last 5 months. Vijay Homrum (accused) had been coming to him for harvesting the crop for the last two years. For the last one month he was with him. On 19.04.2007, at about 11:00 P.M. Jitender and Vijay Homrum, after taking meals as usual had gone away for sleep. At about 1:00 A.M. in the night, Raju son of Partap Singh, resident of village Jholri, who was working with Ramphool Ex.Sarpanch, was passing through the well of village Mumtajpur as he was bringing straw by a tractor. He told the complainant that Vijay Homrum had inflicted injuries on the head of Jitender, his brother, with pipe. On seeing him Vijay Homrum along with pipe had run away towards the fields. Raju further told the complainant that he had seen his brother, he found him dead on account of injuries suffered by him. Complainant, Ramphool Ex.Sarpanch and Raju had gone to the well and saw Jitender lying dead on account of injuries suffered by him. After leaving Raju near the dead body of Jitender, complainant Ramphal and Ramphool Ex-Sarpanch sent information at the house of Jitender and lodged the report with the police. On this complaint, ASI Sube Singh made endorsement Ex.PA/1 whereupon formal FIR was registered. On going to the place of occurrence, ASI Sube Singh, prepared the rough site plan of the spot as Ex.PB. Photographs of the dead body Exs. P4 to P8 were obtained. He took the shirt and towel belonging to the deceased from the site vide memo Ex.PC. Blood stained earth from the spot was lifted by Inspector Ami Lal and the same was taken into possession vide memo Ex.PD. Accused was arrested from near the canal bridge and the pipe was recovered. Rough sketch plan of the pipe was prepared as Ex.PD/1 and the same was taken into possession vide memo Ex.PE. Blood stained pant worn by the accused was also taken into possession vide memo Ex.PF. Post-mortem on the dead body of deceased Jitender was got conducted. Inquest report Ex.PH was prepared. Postmortem report is Ex.PK. Scaled site plan of the spot Ex.PJ was also got prepared. After completion of necessary investigations, the challan was put in the Court.

(3.) Finding a prima-facie case against the accused under Section 302 IPC, the accused was charge-sheeted, to which he did not plead guilty but claimed trial.