DEEPAK Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal against the judgment of conviction dated 15.09.2011, rendered by learned Additional Sessions Judge, Sonepat, whereby appellant -accused Deepak was convicted for committing offence punishable under Section 302 of Indian Penal Code (for short 'IPC'), whereas the remaining accused namely Dharmender, Sombir, Vijay, Pardeep, Arvind and Hardeep were acquitted of the charges in which they were facing trial. Vide order of sentence dated 15.09.2011, accused Deepak, was sentenced to undergo imprisonment for life, means, imprisonment not less than 20 years and the period spent in custody by convict Deepak w.e.f. 22.03.2004 till date shall be adjusted towards total sentence and in default of payment of fine of Rs. 50,000/ -, he was further directed to undergo R.I. for a period of one year. The amount of fine was not paid by the appellant -accused Deepak.

(2.) THE police machinery was set in motion by complainant Jai Parkash son of Risal Singh, who gave statement Ex. PB to the police on 14.02.2004. As per complainant, he was having two brothers, elder one was Raghubir Singh where as Maman was youngest of all. Maman was dealing in the contract -ship of brick -kilns. On 10.02.2004, his brother Maman told him that, that there had been altercation between him (Maman) and Deepak (accused). At this, complainant told his brother Maman that he would pacify Deepak.

(3.) ON the aforementioned statement Ex. PB, formal F.I.R. was registered. Inquest report Ex. PN was prepared. Post -mortem of the dead body of Maman was got conducted. Rough site plan of the spot Ex. PO was prepared. Photographs of the spot were obtained. Two empty cartridges of .9 mm. and one pellet .315 bore from the spot, were lifted. The same were converted into a sealed parcel and then taken into police possession vide memo. Ex. PC, after sealing the same with the seal of 'YR'. Statement of accused were recorded.