DHARMENDER ALIAS CHINIYA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the order of Sessions Judge, Narnaual, dated 19-2-1992, whereby the present appellant was convicted under Section 302 of the Indian Penal Code for intentionally committing the murder of Som Dutt and was sentenced to undergo imprisonment for life and to pay a fine of Rs. 5000.00 or in default of payment of fine to undergo further rigorous imprisonment for six months.

(2.) In brief facts relevant for the disposal of this appeal as emerge from the first information report lodged by Kaushalya Devi, an alleged eye-witness and wife of Som Dutt deceased, are, that on 23-9-1990 she along with her husband Som Dutt went to the house of Santosh wife of Dharmbir but she was not present at her house. She went up stairs and sat in the Chaubara whereas her husband Som Dutta and Dharmender alias Chiniya accused who is younger brother of the husband of Santosh sat on the cot down-stairs near the door-steps, and, started taking liquor. While consuming liquor at about 3 or 3.30 p.m. Dharmender alias Chiniya accused told her husband Som Duttt that he had an evil eye on Santosh, his brother's wife, and on that account he had been visiting their house to entice his Bhabi Santosh. Over this matter an altercation took place between them. Dharmender alias Chiniya accused picked up an iron pipe lying nearby and started giving blow to her husband with that iron pipe. She came down and raised alaram 'Bachao Bachao' and rushed to the door. Thereafter her father-in-law's brother Ram Kumar reached the spot on hearing her alarm and also witnessed Dharamender alias Chiniya inflicting injuries to Som Dutt with an iron pipe. After they reached near the spot, Dharmender alias Chiniya ran away from the spot along with the iron pipe. She and Ram Kumar found that Som Dutt, who was lying on cot succumbed to the injuries received by him on his chest, abdomen, and ribs towards the left side and his back. Blood was oozing out from under the abdomen towards the left side. According to Kaushalya Devi, Dharmender alias Chiniya after serving liquor had killed her husband by inflicting injuries on him, as he suspected that her husband had evil eye on his Bhabi. Kaushalya Devi along with Bahadur Singh another brother of her father-in-law who was serving in the Railways, left for police station on foot to lodge report with the police, as Roadways employees were on strike, leaving Ram Kumar to guard the dead body of Som Dutt at the spot. After recording the first information report, SI Rameshwar Dyal PW 6 along with Kushalya Devi PW and Bahadur Singh went to the spot, prepared inquest report and rough site plan of the place of occurrence, and, sent the dead body for post-mortem examination. Thereafter he lifted blood stained earth from near the spot and after sealing the same took it into possession vide seizure memo. He also took into possession cot on which the dead body of Som Dutt was lying. One empty bottle of liquor and one glass tumbler were also taken into possession by the said SI, through seizure memo.

(3.) Dr. R. K. Choudhary, PW 1 conducted post-mortem examination on the dead body of Som Dutt on the next morning of the occurrence at 10.30 a.m. and he found the following injuries :-