JAI DUTT Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellant was convicted of the charge under Section 302 IPC and was sentenced to suffer imprisonment for life and fine of Rs. 2,000/ - in default, R.I. for two years.

(2.) BRIEFLY stated the prosecution case is as follows : - The incident took place at about 11.30 AM on 19th March, 1992. It was next day of Holi festival when people in jubilant mood splash colours at each other. During that celebration, the accused Jai Dutt arrived in a drunken condition. Deceased Charanjit and his brothers and eye -witnesses were then celebrating the festival. Accused demanded from the deceased that he should refund Rs. 100/ - which had been lent to him about 15 days before. The accused said that he wanted money for purchasing liquor. Deceased then replied that he would pay the amount some time later when he would be in a position to pay. At this reply accused lost temper and took out a knife from the pocket and inflicted blows on Charanjit. The witnesses tried to intervene, but accused, after giving blows, fled away. Injured Charanjit was taken in a three -wheeler vehicle and was rushed to hospital. Soon thereafter he succumbed to the injuries. Bhagwan Dass, the brother of the deceased then proceeded to report the matter to the police. On way he happened to meet the patrolling police party. Thereupon his report was got recorded. On the basis of that report, FIR was registered at Police Station Civil Lines, Hissar, at about 12.40 PM on the same day. The special report regarding the registration of the offence had been received by the Magistrate at 4.05 PM on the same day.

(3.) IN the course of investigation, a knife came to be recovered from the bag in the house of the accused. That recovery was at the instance of the accused. The said knife along with other articles was sent to the Forensic Science Laboratory. His report indicated that traces of blood were detected on the knife.