BABLOO GHOSH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellant was tried for committing murder by intentionally causing the death of Om Parkash on 3.6.2000 at 5.30 p.m., making him liable for committing the offence punishable under Section 302 IPC. Vide impugned judgment and order dated 19/21.12.2002, learned Additional Sessions Judge, Fast Track Court, Sonepat held the appellant guilty and, accordingly, convicted him under Section 302 IPC and sentenced him to undergo life imprisonment and to pay an amount of Rs. 5,000/ - as fine. Aggrieved of his conviction and sentence, the appellant filed the present appeal, in which he is on bail.

(2.) THE case of the prosecution is that on 3.6.2000 at 7.15 p.m., Smt. Durgawati wife of deceased Om Parkash made statement Ex. PK before ASI Bishambar Lal, Incharge, Police Post, Kundli, who was at that time controlling the traffic of G.T. Road. In the said statement, Smt. Durgawati stated that she, alongwith her husband, had been residing in a rented accommodation at Rajender Colony, Piau Maniari. Her husband was working in Lohia Metal Factory. Appellant Babloo Ghosh, resident of Vijay colony had borrowed Rs. 1,500/ - from her husband about a month before, which he had promised to return on 3.6.2000. Accordingly, on 3.6.2000 at about 5.30 p.m., she, alongwith her husband, was proceeding towards the house of the appellant for collecting the amount borrowed by him. When they reached in front of Vijay Colony, the appellant came from the direction of his house. The deceased demanded from the appellant to return the borrowed amount. At this, the appellant stated that he would teach him a lesson for demanding the money. The appellant took out a knife used for cutting vegetables from the right pocket of his pant and hit the same on the right side of the neck of the deceased. As a result, the deceased fell down and blood started oozing in large quantity from his neck. She raised an alarm. Ravinder, who was coming behind them, rushed to the spot. On seeing him, the appellant fled towards his house while carrying the knife with him. With the help of Ravinder, Smt. Durgawati lifted her husband and started for the hospital. However, when they had covered some distance, the victim succumbed to his injuries. His dead body was, thereafter, taken to Janta Hospital where the doctor declared him as having already died. After leaving her brother -in -law Raghurai Parshad with the dead body, the complainant started for Police Post, Kundli and after coming across ASI Bishambar Lal got recorded her statement Ex. PK on the aforementioned lines.

(3.) DURING the investigation of the case, ASI Bishambar Lal reached Janta Hospital, Piau Maniari and after preparing inquest report Ex. PA/2, sent the dead body for post -mortem. He then reached the place of occurrence and prepared rough site plan Ex. PN. He also lifted blood stained earth from the spot vide recovery memo. Ex. PB. He recorded the statements of the witnesses. On 15.6.2000, Inspector Ram Dhan arrested the appellant and interrogated him. The appellant disclosed that he had kept concealed a knife in a room of his house. His disclosure statement Ex. PC was recorded. Pursuant to the same, the appellant led the police party and got recovered the knife Ex. P1, which was taken into possession vide recovery memo. Ex. PC/1.