GULSHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellant challenges his conviction under section 302 IPC, for which he has been sentenced to undergo life imprisonment for life and to pay fine of Rs. 500/-, in default to undergo RI for one year.

(2.) CASE of the prosecution is that the deceased Sanjay was working at Om Flower House, Bhiwani Stand, Rohtak. About six months prior to the occurrence which took place on 13.11.1996, the appellant caused injuries to the deceased for which he was facing a criminal case. The said case was fixed for 12.11.1996. The deceased told father of the appellant that since the appellant did not appear, the court might issue warrants against him. On 13.11.1996 in the morning, the appellant came to the house of the deceased and threatened to eliminate him. Later in the day at around 12/12.30 PM, the appellant confronted the deceased near Gomti Shopping Centre when the deceased was going with his brother Ramesh alias Bitoo PW14 and PW15 Sunder and gave 5-6 blows with the knife which he was holding, hitting left side of his neck, chin, left cheek and both arms, as a result of which he fell down. The accused escaped with his weapon. The deceased was taken to PGIMS Rohtak, where he was declared dead. PW14 Ramesh alias Bitoo made a statement Ex.PG/1 at 3.15 PM, which was recorded by Inspector Ravinder Kumar. PW1 Sishpal Singh Inspector verified the investigation and sent up the accused for trial.

(3.) WE have heard learned counsel for the parties and perused the record. Learned counsel for the appellant submitted that the eye witness account was not reliable and was in conflict with the medical evidence. According to eye witness account, occurrence took place at 12.30 PM but according to medical evidence, the occurrence must have taken place in the early hours of the day. According to PW13 Dr. Raman Shukla who conducted post mortem on 13.11.1996 at 5 PM found rigor mortis present in all the limbs alongwith post mortem staining. He also found following injuries :-