KRISHAN KUMAR AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellants Krishan Kumar and Naresh Kumar have challenged the conviction and sentence recorded by the trial Court under Section 302 read with Section 34 of the Indian Penal Code. It is the case of the prosecution that accused Krishan Kumar had a suspicion that Mohinder Singh (deceased) son of PW4 Babu Ram had an illicit relationship with his sister Krishna. On 22.8.2000, at about 7.30 P.M. accused Krishan on seeing Mohinder Singh raised Lalkara and gave two knife blows on his chest and stomach while accused Naresh had caught hold of Mohinder Singh and thus committed murder.

(2.) Sher Singh, the grand father of the deceased who was present at the time of occurrence set the law into motion by suffering a statement before the investigating official but he unfortunately died during the course of trial and, therefore, he could not be examined before the trial Court.

(3.) PW4 Babu Ram, the father of the deceased and PW5 Banarsi, the uncle of the deceased, were cited as eyewitnesses by the prosecution. They have spoken in one voice before the trial Court that accused Krishan Kumar had suspicion that Mohinder Singh had an illicit relationship with his sister Krishna. On 22.8.2000, at about 7.30 P.M. Sher Singh, Babu Ram and Banarsi accompanied Hansmukh, the brother in law of PW4, to the Bus stand to see him off. After Hansmukh boarded the bus, all of them were returning to their house. Mohinder Singh was just ahead of Sher Singh, PW4 Babu Ram and PW5 Banarsi. Mohinder Singh had just crossed the road. The other witnesses were just trailing behind him. Accused Krishan Kumar and accused Naresh Kumar came from Kherawali Gali. Both the accused raised lalkara that they would teach a lesson to Mohinder Singh for abusing them. Accused Naresh Kumar caught hold of Mohinder Singh from behind. Accused Krishan Kumar inflicted two knife blows, one on the chest and another one on the stomach of Mohinder Singh. Thereafter, the accused ran away towards Kherawali Gali with his knife.