(1.) BY this judgment, we are disposing of Criminal Appeal No. 422-DB of 1995 and Criminal Revision No. 37 of 1996. Criminal Appeal No. 422-DB of 1995 has been filed by Subhash who has been convicted under Section 302 IPC for murder of Kishori Lal and has been sentenced to undergo life imprisonment and to pay a fine of Rs. 2,000/- and in default of payment of fine, he was ordered to undergo RI for a period of six months vide judgment dated 4th September, 1995, passed by the learned Additional Sessions Judge, Sonepat. By the said judgment, other two accused namely Rajesh alias Chikna and Bhoopa alias Ajay, have been convicted under Section 324 IPC but the learned Additional Sessions Judge released them on probation of good conduct on their entering into bonds of good behaviour in the sum of Rs. 5,000/- with one surety in the like amount each for a period of one year. Cr. Revision No. 37 of 1996 has been filed by Suresh Kumar who is the real brother of deceased Kishori Lal and in this petition it has been prayed that the accused Subhash may be awarded death sentence under section 302 IPC and the other two accused Rajesh and Bhoopa be convicted under Section 302/34 IPC instead of section 324 IPC. The petitioner has also prayed for award of compensation of Rs. 4 lacs in favour of Nirmala widow of the deceased Kishori Lal and his three minor children and aged parents against all three accused.
(2.) THE case against the accused Subhash, Bhoopa alias Ajay and Rajesh alias Chikna was registered at Police Station, Sonepat on 6.6.1994 vide FIR Exhibit PA/2 on the basis of a statement of Suresh (PW 3) which was recorded by SI Bhuj Raj (PW 9) in the Civil Hospital, Sonepat on 7th June, 1994 at 1.15 a.m. (midnight). Suresh in his statement, had stated that two days prior to the occurrence there arose a dispute between his brother Kishori Lal and Subhash son of Puran Khatti over money matters and Subhash had threatened his brother Kishori Lal that he would teach him a lesson. He further submitted that on 6.6.1994 at about 9.15 p.m. he along with his brother Kishori Lal, his brother-in-law Ashok Kumar (PW 4) and one Jagga had set out for walking after taking meals. When they reached near the flour mill of Suresh Punjabi in Raj Mohalla, they saw Subhash son of Puran Khatti, Bhoopa alias Ajay Kumar and Rajesh son of Jaswant, standing near the chowk. He further stated that his brother Kishori Lal asked them as to why they were standing there and on this Subhash got enraged and said to his brother Kishori Lal "who the hell are you to ask this question". At this, his brother Kishori Lal asked Subhash not to hurl abuses. At this Subhash, Bhoopa alias Ajay and Rajesh got enraged and raised a lalkara saying "Catch hold of them". Thereafter Subhash took out a knife from the pocket of his pants and he and his brother-in-law Ashok Kumar retraced out of fear. Meanwhile, Bhoopa alias Ajay and Rajesh caught hold of his brother Kishori Lal and within their sight Subhash gave two knife blows to his brother Kishori Lal, out of which one blow hit on the left side of his chest and the other blow hit on the left side of his abdomen, as a result of which his brother fell down. They raised alarm and on hearing alarm his elder brother Yash Pal came to the spot and on his arrival Subhash, Bhoopa alias Ajay and Rajesh fled away from the spot. Thereafter, he and his brother Yash Pal removed his brother Kishori Lal in an injured condition to the Civil Hospital, Sonepat, on a motorcycle where the doctor declared him dead.
(3.) DR . A.K. Gupta (PW 5) who was posted as Medical Officer, Civil Hospital, Sonepat, at the relevant time, conducted the post mortem examination vide report Exhibit PD on the dead body of the deceased Kishori Lal and he found the following injuries on his person : (1) A stab wound 2 cms. x 3/4 cms. with clear cut margins. The margins were inverted longitudinally placed in the 4th inter-costal space just inner to nipple going downward, backwards and inwards cutting 5th rib near sternum piercing through the right ventricle. Pericardeal cavity was full of blood. Clotted blood was there at the external wound site and there was corresponding cut in the banian and shirt. (2) A stab wound 2.5 cm x 0.5 cms. slightly oblique with clear cut margins present in the left lumber region 3 inches from mid-line just below the level of umbilicus. Clotted blood was present around the wound, and dark clotted blood came out on pressing the wounds site. On exploration direction of the wound was found to be downwards backwards, and slightly medially going into peritoneal cavity piercing the mesentry and small gut. Dark clotted blood was present in periotoneal cavity.