HARI KISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant Hari Kishan was tried with his wife Bhagwanti and son-in-law Pappu for having intentionally caused death of Dharminder Kumar, whereas his wife Bhagwanti was given the benefit of doubt and acquitted, his son-in-law was convicted under Section 302, IPC and sentenced to undergo imprisonment for life. Appellant was convicted under Section 34, IPC and also sentenced to undergo imprisonment for life. Learned counsel for the parties have informed us that Pappu, son-in-law of the appellant has not filed any appeal. Appellant has, however, filed the present appeal against the order of conviction and sentence dated September 4/13, 1995 recorded by Shri V. M. Jain, Sessions Judge Ambala.

(2.) The prosecution story was unfolded by Brijesh Kumar, PW 3 who got his statement recorded to ASI Om Parkash, PW 9 on February 26, 1994 at 9. 45 p. m. The first informant stated that he was residing in House No. 804, Dina Ki Mand, Ambala Cantt and was earning his livelihood by selling eggs on a hand-cart at Tonga Stand, Ambala Cantt. House of appellant Hari Kishan was opposite to his house and house of his grandmother Lila Devi was on the back side of the house of appellant. On that day at about 8 p. m. he was talking with his cousin brother Dharmender Kumar son of Ramesh Kumar, resident of Housing Board Colony, Ambala Cantt. while standing at the door of his house. In the meanwhile, appellant, while under the influence of liquor came there and started hurling abuses in filthy language at them. At that, they both asked him to desist from hurling abuses because he was under the influence of liquor and that he should go to his house and sleep. In the meantime, Bhagwanti wife of the appellant and Pappu, son-in-law of the appellant also came to the spot and on their arrival, appellant started hurling more filthy abuses. On that, they had an altercation with him. Pappu, son-in-law of the appellant took out a knife from his pocket and inflicted two blows on his cousin brother, out of which first blow hit on the left side of his chest and the second blow fell on the left side of his mouth. As a result of these blows, his cousin brother Dharmender fell on the ground. He raised an alarm which attracted Smt. Sona Devi wife of Charan Dass, Mukesh Kumar son of Lalita Parshad and many other persons came to the spot and separated them. After that, Pappu along with the knife, Hari Kishan and his wife left the place of occurrence. The first informant along with Sat Pal took Dharmender to Civil Hospital, Ambala Cantt in a rickshaw where the doctor referred him to PGI, Chandigarh. When he was going to arrange for a vehicle to take the injured to PGI, Chandigarh, ASI Om Parkash met him at the gate of Civil Hospital.

(3.) The prosecution, with a view to bring home the offence against the appellant and his co-accused examined Dr. Shashi Tripathi, Medical Officer, Civil Hospital, Ambala Cantt. The witness stated that on February 26, 1994 when she was posted as Medical Officer, Civil Hospital, Ambala, she examined Dharmender Kumar at about 8 pm who had come in the hospital in an injured condition. She had sent information, Ex. PA to the SHO Police Post Regiment Bazar, Ambala Cantt. at 8. 05 p. m. to do the needful and also informed that the patient had been referred to PGI, Chandigarh. On medical examination, she observed following injuries on his person :"1. There was an incised wound present on the space between fourth and fifth rib about 2" to the left of the mid line, the depth of which could not be assessed. The injury was 2 x 1 cm in length. Eleptical in shape. Margins were fresh and clear cut. 2. There was an incised wound in the front of the left pinna 2 x 1 cm. It was muscle deep with little bleeding present.