KULDEEP Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence both dtd. 5/3/2015 passed by Additional Sessions Judge, Gurgaon, in Sessions Case No. 23 of 1/7/2014 whereby appellant Kuldeep was held guilty under Sec. 302 Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and was sentenced to undergo life imprisonment and pay a fine of Rs.5,000.00 (in default to pay fine, to undergo RI for three months) under Sec. 302 IPC.

(2.) After completion of investigation in FIR No.72/2014 dtd. 24/2/2014 registered with police Station DLF Phase II, Gurgaon. Final report/ Challan against the appellant was presented on 22/4/2014. Charge under Sec. 302 IPC was framed, which was denied by accused, who claimed trial.

(3.) Prosecution case as put forth by way of statement of Dayanand (eyewitness/complainant), cousin brother of deceased-Rajbir, on the basis of which FIR was registered, is that on 24/2/2014 he (complainant) had gone to meet his cousin brother Rajbir (deceased), who was residing in a rented room with his wife and children at village Nathupur, Gurgaon. On that day Rajbir (deceased) and Kuldeep (accused) had an argument with regard to cleaning of area. Mother of Kuldeep took him inside the house. After sometime, at about 5.30 pm Daya Nand (complainant) along with Rajbir (deceased) went out of the house and when they reached near Durga temple at johar/talab, Kuldeep attacked Rajbir with a knife/chura. He gave knife blows in the stomach and on the chest of Rajbir due to which deceased had fallen down. On seeing this Dayanand raised an alarm and many neighbors gathered at the spot. He then attended to the injured Rajbir and rushed him to Government Hospital, Gurgaon where he was declared brought dead. The complainant further asserted that the motive behind the occurrence was a heated argument over cleaning between Rajbir (deceased) and Kuldeep (accused).