DINESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Mohinder aged 22 was murdered at about 11 30 p. m. on 29th August. 1985 in the compound of the house of Dharambir, PW 1. Dinesh, aged 17 (appellant), his uncle Ramesh and father Raghubir were tried. The learned Additional Sessions Judge, Rohtak by order dated 16th September, 1986 convicted the appellant under section 302, Indian Penal Code, and acquitted Ramesh and Raghbir. The appellant was sentenced to imprisonment for life and a fine of Rs. 200/-. In default of payment of fine, he was further sentenced to R.I for three months.

(2.) Criminal Appeal No. 511-DB of 1986 has been filed by the appellant and Criminal Revision No. 185 of 1987 has been filed by Ishwar Singh, brother of the deceased challenging acquittal of Ramesh and Raghbir as also for enhancement of sentence imposed on Dinesh, appellant.

(3.) According to the prosecution, Mohinder deceased who lived opposite the house of Dharambir, PW I, at village Dhakla used to gather his buffalo in the compound of the latter. He also used to sleep there. On the day of occurrence (29-8-1985) Dharambir. PW 1, was woken up on hearing cries of Mohinder sleeping on a cot near his own. He saw Mohinder bleeding from an injury on the left side of his neck and Dinesh accused standing near his cot armed with a kulhari. Dharambir, PW 1 raised alarm Mohinder mar dia mar dia. The accused, however, dealt another kulhari blow on the left side of the neck of Mohinder at about the same place from where he was already bleeding. The alarm raised by Dharambir, PW 1 attracted Ishwar Singh, PW 2 and Mir Singh. PW 4 who were sleeping in front of their house near by. Dinesh, accused, threatened Dharambir PW 1 not to raise alarm on pain of being killed. The accused dealt another blow on the right arm of Mohinder. The acquitted accused Ramesh and Raghbir were standing armed with lathi each near the gate of the compound. There was moon light as also light coming from electric bulb in the baithak of Ishwar Singh, PW 2. Dinesh accused jumped over the 2M3 feet high boundary wall of the compound and all the three accused ran away with their respective weapons.