MADHVI PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated November 15th, 2000 and November 18th, 2000 passed by Additional Sessions Judge, Jhajjar, whereby, Medhavi Parkash accused-appellant was convicted for the offence punishable under Section 302 of Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs.2000/-. In default of payment of fine, he was directed to undergo further imprisonment for six months.

(2.) The prosecution story, in a nutshell is as follows :-

(3.) On June 13th, 1996, Samunder Singh, Station House Officer, Police Station Sadar, Bahadurgarh-Investigator (PW-13) reached the village. He was informed by the respectables of the village that Sandeep was murdered by accused- appellant. A search was made. On June 14th, 1996 when Samunder Singh (PW-13) was present at the Bus Stand of village Majri, Satbir Singh, complainant (PW- 12) and Rajesh produced accusedappellant before him. The accused was interrogated. He made disclosure statement (Exhibit PN) to the effect that on June 10th, 1996 at about 2.30 PM he and Sandeep had gone to Gurgaon canal near their village for taking bath. While taking bath, Sandeep was naked. He asked Sandeep as to why he was naked. Thereupon, Sandeep abused him. Sandeep came out of the canal. He also followed him. In a fit of anger, he (Medhavi Parkash) pressed his neck, and lifted him on his back. When he put him down from his back, Sandeep breathed his last. Out of fear and to screen the evidence, he tied his neck and the wrist with the pant and threw him in the canal. The shirt worn by Sandeep was kept concealed by him in the water tank of the tubewell near the canal and could get the same recovered. In pursuance to the disclosure statement, accused-appellant led the Police party to the disclosed place and got recovered the shirt (Exhibit P-1) which was taken into possession vide recovery memorandum (Exhibit PO).