PAWAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Unfortunately on a trifle issue one youth of 21 years, lost his life when the while reading a Newspaper on the Watch and Cycle shop of the appellant (hereinafter referred to as the accused) Pawan Kumar, at Main Bazar, Balispaur, by chance tore it out which caused annoyance to the accused who gave slaps and fists to the deceased Baljit Singh alias Hukam Chand at 2.30 p.m. on 7-12-1988. He not being satisfied with that and not ready to receive the cost of the paper gave a knife blow on the left side of his chest which was picked up by him from the counter of his shop. His father also reached on the spot and while giving beating to the deceased instigated the accused to commit the crime saying that "Mar De Dekha Jagia" On receipt of such a knife blow the deceased could fall down but P.Ws. 10 and 11 Jai Pal (the complainant) and Raj Kumar held him up and brought him to the hospital. On hearing noise PWs. 6, 7 and 8 namely Ram Karan, Ram Piara and Dharam Pal respectively were attracted on the spot and these all the three persons also got injured by the accused with the knife. These three people were also medically examined and the post mortem on the dead body of the deceased was conducted and the inquest report was prepared by the police. During the investigation, the accused Pawan Kumar produced the knife which was taken into possession by the police.

(2.) On completion of the investigation both the accused were challaned. Accused Pawan Kumar on trial was convicted for the offences under Sections 302 and 324 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for life under Section 302 and RI for six months under Sections 324 of the Indian Penal Code. Both these sentences were ordered to run concurrently. As there was no sanction for his trial under Section 27 of the Arms Act, therefore, the trial Court did not proceed with the trial of the accused and left it open to be tried by a competent court of law. The other accused Om Prakash who too was charged for the offences under Sections 302 and 324 of the Indian Penal Code was acquitted of the charge.

(3.) Heard Mr. R. S. Ghai, Sr. Advocate, for the appellant and Mr. N. K. Sanghi, Deputy Advocate General Haryana for the respondent-state also bestowed our thoughtful consideration over the record on the file.