HANS RAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY instituting the present appeal, appellant has impugned the judgment dated 29.11.2002 and the order on quantum of sentence dated 30.11.2002 respectively passed by the learned Additional Sessions Judge, Rohtak whereby appellant has been convicted for the offence under Section 302 IPC and sentenced to undergo RI for life and for a fine of Rs.8,000/ -, in case of default of payment of fine, he shall have to further undergo RI for a period of two years.

(2.) IN nutshell, the case of the prosecution is this that on 10.6.2002, a V.T Message (Ex.PT) from Police Post, PGIMS Rohtak was received to the effect that Hem Raj son of Tara Chand was brought dead. SI Neki Ram (PW -15) reached causality of PGIMS Rohtak. He collected medical ruqa Ex.PU and had gone to the hospital where he met Balbir Singh (PW10) and recorded his statement (Ex.PF). Balbir Singh stated that he makes his both ends meet by driving a Mule cart. Tara Chand, who lives in his neighbourhood, has seven daughters and a son, namely, Hem Raj, aged about 23 years (since deceased). About 15 to 20 days back, accused appellant Hans Raj, who lives in their locality along with his family, had a dispute with his son Ravinder as two persons brought their mules to the house of Hans Raj for shearing purposes, but Ravinder had refused to do so. Thereafter, Ravinder being annoyed with his father had left the house and started doing labour work on the tractor trolley of Hem Raj. At this, accused -appellant Hans Raj started nursing a grudge against Hem Raj. He raised a dispute with him telling as to why was he getting labour work from his son on his tractor trolley. Due to this ill -will, on the day of occurrence at about 10.00 PM, while appellant Hans Raj was standing in his shop, called Hem Raj. As soon as Hem Raj reached there, Hans Raj, all of a sudden, inflicted a blow on the chest of Hem Raj with a knife like sharp edged object. Hem Raj cried "HAI MAR DIYA". At that time, he himself (Balbir Singh) was standing at a distance of about 4 to 5 paces from them. He witnessed the occurrence in the light of electric bulb and immediately rushed to brother's son Hem Raj, who came on the road, holding his chest by his hand and fell down. Balbir Singh raised alarm shouting "Mar -diya Mar -diya" whereupon Lok Ram (PW11), Satish (PW9) and Dharambir son of Raghbir residents of the same locality, rushed there running and took injured Hem Raj to PGIMS, Rohtak on a motorcycle. Dr. Declared Hem Raj brought dead.

(3.) UPON post mortem examination, Dr. Hari Om Manchanda (PW1) vide post mortem report (Ex.PB) observed that in his opinion, the cause of death of the deceased was due to haemorrhage shock as a result of injury to heart which was ante -mortem and sufficient to cause death in ordinary course of nature.