KRISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) CRIMINAL Appeal No. 592-DB of 1995 filed by Krishan convict-appellant against the judgment/order dated 14.11.1995 of the learned Additional Sessions Judge, Sonepat vide which he convicted the appellant Krishan under Section 302 IPC and awarded him death sentence and has imposed a fine of Rs. 1 lac or in default of payment of fine, to undergo further R.I. for a period of 3 years, which, according to the learned judge, had to be rendered redundant in the event of the execution of death sentence: as well as the Murder Reference No. 8 of 1995 titled State of Haryana v. Krishan son of Ram Dia (appellant in Cr. A. 592-DB of 1995) forwarded by the Additional Sessions Judge, Sonepat for confirmation of death sentence awarded to the convict-appellant Krishan under Section 366 Cr.P.C. shall be decided by this single judgment.

(2.) THE prosecution story is given by Chander Singh son of Risal Singh (PW-7) who gave his statement before SI Ami Singh, Incharge Police-Post, Gohana Road, Sonepat on 23.10.1994. Chander Singh stated that he was working as Warder in Jail at Sonepat. On 23.10.1994, he was on duty at 6.00 a.m. to 12.00 noon at the Chak Imdadi (Centre Place) in the Jail. At about 10.45 a.m., undertrial Ranbir Son of Singh Ram, Jat, resident of Banker P.S. Narela (Delhi) was getting himself shaved from Ram Phal son of Girdhari a prisoner near barrack No. 3 of the prisoners in the said jail. Krishan prisoner son of Ram Dia, Jat, resident of Chidana, was watering the garden of the Jail having a kassi (spade) in his hand. He at once reached near Ranbir having kassi in his hand and all of a sudden, inflicted two kassi blows on the head of Ranbir while he was getting himself shaved. Ram Phal got aside at once. He (Chander Singh) saw all this while standing by the side of Kotha near the centre-place of the jail. On seeing this, he gave a call to Havildar Som Nath, his incharge on duty at Centre Place. He (Chander Singh) ran towards the spot. Som Nath Havildar also followed him. Krishan started running towards the Northern side vacant place towards the barracks while having kassi in his hand; he was furious. He and Havildar Som Nath chased him and nabbed him with great difficulty. They snatched kassi from him and put him inside barrack No. 4. They handed over the kassi to the Assistant Superintendent of Jail and narrated the occurrence to him. After arranging a vehicle, the Said Assistant Superintendent of Jail shifted Ranbir to the General Hospital, Sonepat.

(3.) ACCORDING to this doctor, both the aforesaid injuries were found to have been caused by a sharp-edged weapon within a probable duration of six hours and both these injuries could be caused by means of a kassi. This doctor further sent ruqa Ex. PB to Incharge, Police Post, General Hospital, Sonepat at 12.00 noon.