DEEP CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) ON 13.10.1992, the deceased-Naraini Devi widow of Pehlad Singh received injuries at the hands of the appellant. She had celebrated a religious function at her place which was attended by one Karan Singh, brother of the present appellant, who remonstrated with his brother as to why he had attended the function. During the course of altercation, the appellant took up a 'kulhari' and started giving beatings to Karan Singh, when the latter tried to reason with him. The deceased intervened and the appellant gave a kulhari blow from its reverse side on her head. He also gave two other blows which hit her in the knee region. Her son-Vijay Kumar rushed to the scene of occurrence to rescue his mother upon which the appellant is said to have inflicted kulhari blow which hit him on the little finger of his right hand. The incident attracted other villagers to the spot, who rescued the deceased and Vijay Kumar from the appellant.

(2.) THE statement of the deceased was recorded by the police on 14.10.1992 in the Community Health Centre, Mahendergarh. She died on 6.11.1992. The appellant was arrested on 15.11.1992.

(3.) THE Sessions Judge, Narnaul (hereinafter described as 'the trial Court') charge-sheeted the appellant under Section 302 of the IPC for causing death of Smt. Naraini Devi and under Section 323 of the IPC for causing voluntarily hurt to Vijay Kumar, to which he pleaded not guilty and claimed trial.