KRISHAN AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Criminal appeal CRA-D-1078-DB-2009 is directed against the judgment dated 04.12.2009 rendered by learned Additional Sessions Judge- III, Bhiwani whereby the appellants were convicted for committing offence punishable under Sections 302/34 of Indian Penal Code (for short 'IPC') whereas appellant Krishan was also held guilty under Section 25 of the Arms Act. Thereafter, vide order of sentence dated 07.12.2009, each one of accused was sentenced to undergo rigorous imprisonment for life and also fined Rs.2,000/- each with default clause for committing offence punishable under Section 302/34 IPC. For committing offence punishable under Section 25 of the Arms Act, appellant Krishan was sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 1,000/-. In default of payment of fine, he was ordered to undergo simple imprisonment for a period of 15 days.

(2.) Shakuntala, wife of Bhoop Singh (deceased), filed aforementioned CRR-1368-2010 with a prayer for enhancement of sentence of the appellants and allowing the compensation to the petitioners. Brief facts of the case are like this; that on the statement of Balwan, son of Baljeet Singh, which is Ex. PA, this case case registered. As per Balwan, Bhoop Singh (deceased) was his uncle (younger brother of his father). On 22.03.2008, at about 10:00 A.M. his aunt Shakuntala was going towards plot from her residence. Vikas aged about 6/7 years, son of Krishan, started throwing mud on Shakuntala. His aunt stopped him and told that she is his Tai and he has no right. At that time, Krishan reached there. He was under the influence of liquor. He abused his aunt. Krishan's mother and wife took him from there.

(3.) At about 4:30/5:00 P.M., his uncle Bhoop Singh was talking on mobile phone bearing No. 9416765233 while standing in the Chowk near the house of Kurara Ram Ahir. At that time, his aunt Shakuntala and son Rahul were coming from the side of their house. Complainant was also going towards them. In their presence, Ratti Ram, Krishan, Krishna and Anita (accused) came there in furtherance of their common intention to kill his uncle Bhoop Singh and caught hold of him. They made his uncle fall on the ground and then pressed him. Krishan gave several blows with knife to his uncle on the right side of his chest, right side of his abdomen, at the back, right side at the back of neck and on the left hand thumb. On this complaint, his aunt Shakuntala and Rahul raised alarm by shouting 'bachao bachao' whereupon all the accused had run away from the spot. Bhoop Singh was brought to General Hospital, Bhiwani by Maruti van belonging to Raj Kumar. Bhoop Singh was declared dead by the doctor. As per complainant, since accused party was nursing a grudge on account of aforesaid morning incident, therefore, they had killed Bhoop Singh by giving him knife blows.