(1.) RAM Phal appellant was charged Under Section 302 of the Indian Penal Code for having committed the murder of Om Parkash on 2-8-1992 in the area of Butana. He was accordingly tried and after conclusion of trial was convicted Under Section 302 of the Indian Penal Code by the Additional Sessions Judge, Sonepat vide his judgment dated 26-8-1994 and sentenced to undergo life imprisonment and to pay a fine of Rs. 30,000.00 and in default of payment of fine, to undergo further rigorous imprisonment for two years. The trial Court further directed that the entire amount of fine be disbursed to Smt. Shanti who is mother of deceased.
(2.) FEELING aggrieved from the said judgment, the appellant has filed this appeal.
(3.) ON 2-8-1992 at about 2. 30 p. m. , Krishan Kumar and Om Parkash were going for taking lunch. When Om Parkash reached near the shop of Bhim, Blacksmith, appellant Ram Phal waylaid him. The appellant lifted a Phwara lying there and gave a blow with the same on the head of Om Parkash as a result of which he fell on the ground. Krishan Kumar rushed to rescue his brother Om Parkash and then the appellant fled away from the spot along with the Phwara.