VEDPAL S O SHERA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is against the conviction and sentence of accused Vedpal, passed by the Sessions Judge. Faridabad on the charge under Section 302, Indian Penal Code. The appellant-accused was sentenced to suffer imprisonment for life and fined Rs. 10,000.00 in default to undergo further rigorous imprisonment for two years. The fine, if recovered, was directed to be paid to the heris of the deceased Prem Raj. The accused and deceased Prem Raj and others were members of the marriage party, which had come to attend marriage of their relative at village Mindkola within the area of Hathin Police Station, District Faridabad. The marriage party had arrived at that village at about 5 p.m. on 9-5-1990. Shortly thereafter the marriage party had proceeded towards the house of the bride. While proceeding in the procession, as usual, some of the members of the marriage party were dancing in jubilance. In the course of that, an altercation between one Mange Ram and accused Vedpal took place and they grappled with each other. Deceased Prem Raj intervened and separated both of them. At that time, accused Vedpal thought that deceased Prem Raj had unjustifiably taken the side of Mange Ram the uncle of the deceased. Vedpal therefore threatened Prem Raj that he would face dire consequence later. This incident took place at about 7 p.m. on 9-5-1990. Thereafter, the marriage party including the accused and the deceased were sitting in the baithak. The others including the bridegroom had already left to perform certain rites at the house of the bride. At about 9 p.m. on that day, the dinner was ready and persons started proceeding towards the dining place. At that time, while deceased Prem Raj had about to leave for the dinner, the accused suddenly attacked him and gave a blow on his head with a spade (kassi) and filed away. The witnesses Shri Pal and Sarda Ram tried to catch hold of the accused, but were not successful. Thereupon, the injured Prem Raj was taken to the Government Hospital at Mindkola. The doctor examined Prem Raj and found a lacerated wound measuring 6 cm x 0.4 cm x 0.4 cm transverse in direction on the middle of scalp. Fresh blood was oozing from the injury. Injured Prem Raj was unconscious. His pulse and blood pressure were unrecordable. His pupils were highly dialated and did not react to light. He was gasping and there was secretion in the throat. In view of the serious condition of Prem Raj, he was immediately shifted to General Hospital, Palwal for treatment. He, however, breathed his last at about 2.39 a.m. on 10-5-1990 while he was in the hospital at Delhi. Autopsy examination of the deadbody revealed that the deceased had sustained a lacerated injury on the middle of the scalp measuring 7.20 c.m. x 0.8 c.m. coupled with abraded contusion 2 cm x 1.5 cm. On internal examination, blood was noticed under the scalp in the middle region. A fresh fracture to the left temporal bone with separation of frontal sagittal secretion was found. Besides that, there was fracture to the base of right and left temporal bone. The brain was congested and oedematose with petechial hemorrhage. There was contusion and laceration to the under surface of the left temporal lobe and both frontal lobes. All these injuries were ante-mortem. In the opinion of the doctor, these injuries were sufficient to cause death in the ordinary course of nature and the death was caused due to shock resulting from head injury. These injuries were caused by blunt and heavy cutting weapon.

(2.) The first information report in this case was lodged by Sarda Ram, who was cousion of the deceased and was the eye-witness to the incident. The first information report was recorded at about 10.15 a.m. on 10-5-1990 and was registered at the Police Station Hathin. At the same time, on the following day, at about 7 a.m. a special report regarding the commission of the offence had been received by the Judicial Magistrate Ist Class, Palwal. Meanwhile, the investigation had already concerned.

(3.) In the course of investigation, the statements of the witnesses were recorded. The accused came to be apprehended by the police on 14-5-1990. He was interrogated by the Police. In the course of interrogation, the accused volunteered to produce the spade (Kassi), which he had concealed. As a consequence of that statement, spade came to be recovered at the instance of the accused. The papers, however, do not clarify as to whether that Kassi was subjected to the examination by the Chemical Analyser in order to ascertain the existence of the blood stains or other evidence to connect it as the weapon of the offence.