BISHAMBER ALIAS CHEENI Vs. STATE OF HARYANA

JUDGEMENT

(1.) BISHAMBER appellant stands convicted under Section 302, Indian Penal Code and has been sentenced to life imprisonment. He appeals.

(2.) THE prosecution case herein is essentially simple and indeed in a narrow compass. On 21.10.1985, Ramesh Kumar and Karnaila went to see Ram Leela in Gulab Nagar at Yamuna Nagar at about 8.30 p.m. but by that time Ram Leela had not started and so they started taking tea. At about 9.30 p.m. they went to see Ram Leela being staged in the camp area. When they reached near the park, they found Mango alias Goverdhan deceased and the accused Bishamber present there. Ramesh Kumar on seeing his brother Goverdhan went to him. Goverdhan asked Ramesh Kumar to get a nip of liquor and handed over Rs. 10/- to him. Ramesh Kumar then went to the liquor vend whereas Karnaila PW remained sitting with the deceased and the accused. Ramesh Kumar returned after some time with a nip of liquor and found Karnaila sitting alone, upon which he enquired from him about his brother and the accused to which he told that they had gone inside the park. Ramesh Kumar then entered the park to hand over the nip of liquor to his brother. When he reached inside the park, he found that the accused was demanding Rs. 20/- from his brother Governdhan on which he was saying that he had no money with him at that time and will pay it later. The accused abused the deceased upon which the latter tried to catch hold of the former but the accused took out a knife from the pocket of his pant and plunged it in the chest of Governdhan deceased. When Ramesh Kumar went ahead towards his brother to rescue him then the accused wielded his knife blow at him which fell on his back. On hearing the alarm raised by Ramesh Kumar, Karnaila was attracted to the spot and in the meantime, the accused ran away with his knife. Goverdhan succumbed to his injury at the spot Leaving Karnaila near the dead body, Ramesh Kumar set out for the Police Station to lodge the report but on the way he met Sub Inspector Ashok Kumar and made a statement Ex.PD before him. On the basis of that statement, formal F.I.R. Ex. PD/1 was recorded at Police Station City, Yamunanagar at 10.45 P.M.

(3.) DR . Akhilesh Narain PW 1 medically examined Ramesh Kumar PW on 21.10.1985 at 1.40 a.m. and found one incised wound on his back as detailed in the medico-legal report Ex.PB. The said injury was stated to be simple in nature having been caused with a knife within a duration of six hours. Mrs. Sudha Sharma PW. 11 conducted autopsy on the dead body of Goverdhan on 22.10.1985 and found the following injury :