PARDEEP KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant-Accused Pardeep Kumar was held guilty and was convicted for the commission of offence under Section 302 of the Indian Penal Code (for short, "I.P.C.") and was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of six months vide judgment of conviction and order on quantum of sentence dated 21.04.2010. It was ordered that the period of imprisonment already undergone by the convict during investigation and trial shall be set off from the substantive sentence.

(2.) It was further stated by complainant Rameshwar that since due to ill health he was feeling suffocation, he put his cot in the courtyard for sleeping. At about 12'O clock in the midnight Pardeep came from outside and went to the room of Parveen. An axe was lying in that room. Pardeep picked up the axe and gave a blow with the same on the head of Parveen who cried out. Parveen sustained injury on his head which started bleeding perfusedly. Hearing the commotion, Angejo, his wife, also woke up and saw Pardeep running away with an axe in his hand. In the end, the complainant added that since Pardeep nourished a grievance against his brother Parveen for snatching money from him, he inflicted injury on Parveen with the axe which led to death of Parveen at the spot.

(3.) The appellant-accused was arrested and during interrogation he made a disclosure statement in pursuance of which he got recovered the axe used by him in commission of crime which was bloodstained and was taken in possession by preparing a memo. On completion of investigation and other formalities the appellant was challaned and sent to the Court for trial. He was charge-sheeted for the commission of offence under Section 302 I.P.C., to which he pleaded not guilty and claimed trial.