VIRENDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal appeal and has been directed against the judgment and order dated 22.5.1997 passed by the court of the learned Sessions Judge, Ambala, who convicted the appellant Virender Kumar u/s 304 Part II, IPC, and sentenced him to undergo R.I. for a period of 10 years and to pay a fine of Rs. 5,000/-; in default of payment of fine, the appellant was further directed to undergo R.I. for six months. It may be mentioned here that along with the appellant, Vijay Kumar, non-appellant was also tried and vide the same judgment and order, he was convicted u/s 324, IPC, and was sentenced to undergo R.I. for 2 years and to pay a fine of Rs. 2,000/-; in default of payment of fine, he was further directed to undergo R.I. for three months. The brief facts of the case can be described in the following manner :-

(2.) ON 15.4.1995 at 12.05 AM, the statement of Saroop Singh, father of the deceased Manmohan Singh alias Sonu was recorded by ASI Narinder Kumar and it was stated by Saroop Singh that he was the resident of Bazara Bazar, Ambala Cantt. He had three sons. The name of one son was Manmohan Singh alias Sonu, aged about 21 years. About one month prior to the occurrence, which took place on 14.4.1995, at about 10.30 PM in Ambala Cantt, a scuffle took place between his son Manmohan Singh on one side and Virender Kumar s/o Roshan Lal, appellant, and Vijay Kumar s/o Lekh Rai, on the other side, over the issue of loan of money as his son Manmohan Singh had advanced some loan and was making a demand upon the accused to return the same. According to the complainant, on 14.4.1995 at about 10.30 PM, he, his son Manmohan Singh, his friend Lakhwinder Singh (injured) and one Satish Chander, were returning from Hathi Khana Mandir. His son Manmohan Singh and his friend Lakhwinder Singh were proceeding ahead of him and Satish Chander. At about 10.30 PM, when the deceased Manmohan Singh and his fried Lakhwinder Singh reached near Kirchi Mirchi Chowk, appellant and his companion Vijay Kumar met them from whom his son Manmohan Singh made a demand of money upon which a quarrel took place and within no time the appellant and his companion took out their knifes. Appellant Virender Kumar gave a knife blow in the abdomen of his son Manmohan Singh while his companion Vijay Kumar gave a knife blow in the abdomen of Lakhwinder Singh alias Lucky. When the complainant and Satish Chander aforesaid reached near the place of occurrence, both the accused ran away along with their respective weapons. In the meanwhile, 2/3 persons reached at the spot and removed the injured Manmohan Singh and Lakhwinder Singh to the Civil Hospital, Ambala Cantt, where Manmohan Singh was declared dead on account of the knife injury while Lakhwinder Singh, injured, was got admitted in the hospital. It is alleged by the complainant that when he was going to the police station for lodging the report, the police party met him. Resultantly, on the above allegations, FIR, Ex.PF, was registered in the Police Station, Ambala Cantt, on 15.4.1995 vide FIR 143.

(3.) RUQA , Ex. PC, was sent by Dr. L.N. Garg, Medical Officer to the Incharge, Police Post, informing that Lakhwinder Singh and Manmohan Singh had arrived in the hospital at 11/11.25 PM, respectively, and Manmohan Singh expired in the hospital at 11.40 PM on 14.4.1995.