KALA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the dated 16 -10.12.97 passed by Additional Sessions Judge (C), Jind whereby he has convicted Kala, Hem Raj, Chuni Lal, Oma @ Om Prakash sons -of Bhagwan Dass residents of Safidon, district Jind under Section 302 Indian Penal Code and sentenced them to undergo rigorous imprisonment for life and to pay fine of Rs. 10,000/ - each and in default of payment of fine, to undergo further rigorous imprisonment for 2 years each in sessions case No. 76 of 27.8.97/24.7.96 (Sessions trial No.54 of 6.10.96) in case F.I.R. No. 166 dated 3.4.96 under Section 302/34 Indian Penal Code of PS Safidon for the commission of the murder or Hemant Kumar on 3.4.1996 at about 8.45 P.M. in the area of Safidon City.

(2.) THE prosecution case projected at the trial is as follows : -

(3.) ABOUT 1 -1/2 years prior, Gugga Saini son of Sapru had abducted/kidnapped the daughter of Naranjan Dass of Safidon. In that kidnapping/abduction episode, Kala etc., these accused, were also figuring as her kidnappers/abductors. Hemant Kumar had identified Kale, Hem Raj, Oma and Chuni Lal as the persons involved in the Kidnapping/abduction of the daughter of Naranjan Dass with Gugga Saini Kala etc. accused were nursing grudge against Hemant Kumar on that account and there was venom generated in their mind against Hemant Kumar.