RAM AVTAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant-Accused Ram Avtar 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 life imprisonment and to pay a fine of Rs.10,000/- and in default of payment of fine to further undergo Rigorous Imprisonment for a period of six months vide judgment of conviction dated 05.03.2010 and order on quantum of sentence dated 08.03.2010. It was ordered that the period of custody undergone by convict during investigation, enquiry and trial shall be set off against the substantive sentence.

(2.) The complaint which led to registration of the instant case, arrest and initiation of criminal proceedings against the appellant was lodged by Sanjay son of Mam Chand, resident of Railway Colony, Hisar in the morning on 10.09.2008 before Inspector/SHO Bhagwan Dass at the spot where dead body of Suman was lying in Balmiki Basti, Patel Nagar, Hisar.

(3.) The complainant further stated that on that day i.e. on 10.09.2008 at about 4:00/5:00 a.m., he received a telephonic call from a neighbour of Ram Avtar who informed him that Ram Avtar had murdered Suman. He alongwith his paternal aunt Kailash Devi reached the house of Ram Avtar and found the dead body of Suman lying there on a cot. On enquiry, he learnt that Ram Avtar had quarreled with Suman on the previous night under the influence of liquor and had injured her by giving brick blows on the head. While being shifted to the hospital, Suman succumbed to the injuries and died. The complainant added that Ram Avtar had murdered Suman.