VINOD KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANTS -Vinod Kumar, Bansi Lal (both sons of Dharam Pal) and Dharam Pal faced trial before the Additional Sessions Judge, Karnal under Section 302 read with Section 34, Indian Penal Code, for the murder of Jai Kishen on 19.6.1991 All the three of them were accordingly convicted by the learned Additional Sessions Judge by his judgment dated 30.11.1993/3.12.1993 and sentenced to undergo imprisonment for life under Section 302 read with Section 34, IPC, to pay a fine of Rs. 500/- each, and in default to undergo further rigorous imprisonment for six months, aggrieved by which they have preferred this Cr. Appeal.

(2.) CR . Revision 529/1994 preferred by Rakesh Kumar, the complainant, has been admitted and ordered to be heard along with the criminal appeal, by which the revision petitioner has requested for the enhancement of the sentence and also for compensation.

(3.) ON 19.6.1991 at about 6.30 p.m., Rakesh Kumar was supplying meat to a customer by name Surinder Kumar. Balwant singh, servant of Rakesh Kumar, was also present in the shop. Jai Kishen the father of Rakesh Kumar was standing outside the shop. In the meantime, the accused Vinod Kumar, Dharam Pal each armed with a meat-cutting knife came there along with accused Bansi Lal. Accused Dharam Pal instigated that the enemy should be killed. Accused Bansi Lal caught hold of the hands of Jai Kishen and accused-Dharam Pal gave a knife-blow on the left side of the abdomen of Jai Kishen, while, accused-Vinod Kumar gave a knife blow on the left side of his chest. Jai Kishen fell down and succumbed to the injures on the spot. Rakesh Kumar ran away, met the police and gave the report (Ex. PC).