SANJAY Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 21.04.2010 passed by the Court of Addl. Sessions Judge, Bhiwani vide which he had convicted accused-Sanjay for an offence under Section 302 of the Indian Penal Code ("IPC" - for short) and order dated 23.04.2010 vide which such accused-convict was sentenced to undergo rigorous imprisonment for life and to pay fine of 1,000/- and in default of payment of fine, to undergo further rigorous imprisonment for ten days.

(2.) Accused-convict/Sanjay, who is appellant before this Court prays that the appeal filed by him be accepted, the impugned judgment of his conviction and order of sentence be set aside and he be acquitted of the charge framed against him.

(3.) Briefly stated, the prosecution story as it emerged during the trial is that complainant Attar Singh son of Sheopal, resident of Narsingwas, aged about 45 years, a labourer by avocation, was having five daughters and two sons. On 04.12.2007 at about 8:00 p.m. accused Sanjay son of Nathu Ram resident of that very village took away Sunder, son of the complainant to his house. When Sunder did not return home for about half an hour, then complainant went to house of Sanjay-accused to inquire about the same. When he had reached near house of accused-Sanjay, then he heard cries of his son-Sunder coming from house of accused-Sanjay. When complainant reached near door of that house, he observed his son Sunder coming out of the house of accused-Sanjay while crying whereas accused-Sanjay was having some weapon in his hand which complainant could not see clearly due to darkness. However, the accused caused a blow of that weapon hitting Sunder on left hip. As a result Sunder fell down in front of house of accused, whereas accused-Sanjay fled from the spot with his weapon. When complainant rushed near his son to take care of him, he found that Sunder was having serious injuries on his chest, waist, near naval, left hip and blood was oozing out of those injuries. Sunder became unconscious. In the meanwhile Suraj son of Nagar of village Narsingwas came to the spot, complainant and Sheoraj arranged a conveyance and took Sunder-injured to Bhiwani for treatment, however, on the way Sunder breathed his last. Therefore, complainant and Sheoraj brought dead body of Sunder to their village. According to the complainant the motive for the incident was that 5/6 months earlier accused-Sanjay had outraged modesty of a girl in the village, he (complainant-Attar Singh) had stated that such type of persons should not remain in the village. Out of that grudge, accused-Sanjay had caused injuries to his son Sunder by taking him to his house and Sunder had succumbed to those injuries. Complainant had left Vijay son of Om Parkash and Mange Ram son of Banwari of his village near the dead body of his son Sunder and he himself accompanied by Sheoraj went to Police Station, Sadar Dadri to lodge report regarding the incident. On the basis of his statement Ex.PF formal FIR Ex.PO for an offence under Section 302 IPC was registered by Sharif Singh Inspector/SHO of Police Station, Sadar Dadri (hereinafter referred to as Investigating Officer/I.O.). Special reports were sent to the concerned authorities. Then the police party led by Inspector-Sharif Singh and accompanied by the complainant and Sheo Raj went to the spot. The Investigating Officer observed dead body of Sunder having multiple injuries on his person. The Investigating Officer carried inquest proceedings in that regard preparing report Ex.PC. The Investigating Officer deputed HC Bhudev for the purpose of post-mortem examination of Sunder-deceased and handed over application Ex.PA to him for that purpose. The Investigating Officer lifted blood stained earth from the spot taking it into police possession vide memo Ex.PG. He prepared rough site plan of the place of incident as Ex.PQ. After getting the post-mortem examination conducted, HC Bhaudev returned to the spot alongwith dead body of Sunder and it was handed over to his family members for the purpose of cremation. HC Bhudev submitted post-mortem report of Sunder along with parcel containing belongings of the deceased, besides, the sample seals, which were taken into possession vide a memo. The police tried to apprehend the accused but in vain, as such, police party returned to the police station.